[Federal Register Volume 74, Number 30 (Tuesday, February 17, 2009)]
[Notices]
[Page 7475]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-3214]


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DEPARTMENT OF JUSTICE


Lodging of Consent Decree Under the Clean Air Act, Comprehensive 
Environmental Response, Compensation, and Liability Act, and Emergency 
Planning and Community Right-To-Know Act

    Notice is hereby given that on February 10, 2009, a proposed 
Consent Decree in United States, et al v. Frontier Refining Inc. and 
the Frontier El Dorado Refining Company, Civil Action No. Civil Action 
No. 09-CV-1032-WEB-KMH was lodged with the United States District Court 
for the District of Kansas.
    The Consent Decree in this Clean Air Act enforcement action against 
Frontier Refining Inc. and the Frontier El Dorado Refining Company 
(collectively ``Frontier'') resolves allegations by the Environmental 
Protection Agency, asserted in a complaint filed together with the 
Consent Decree, under Sections 113(b) and 167 of the Clean Air Act, 42 
U.S.C. 7413(b) and, 7477 Section 109(c) of the Comprehensive 
Environmental Response, Compensation, and Liability Act, 42 U.S.C. 
9609(c), and Section 325(b) of the Emergency Planning and Community 
Right-to-Know Act, 42 U.S.C. 11045(b) for alleged environmental 
violations at Frontier Refining Inc.'s petroleum refinery located in 
Cheyenne, Wyoming, and Frontier El Dorado Refining Company's petroleum 
refinery located in El Dorado, Kansas. The proposed Consent Decree also 
resolves separate but related state law claims brought by Wyoming and 
Kansas who have intervened in this matter. This is one of numerous 
national settlements reached as part of the EPA's CAA Petroleum 
Refinery Initiative. Consistent with the objectives of EPA's national 
initiative, in addition to the payment of civil penalties, the 
settlement will require Frontier to perform injunctive relief to reduce 
emissions of nitrogen oxide, sulfur dioxide, particulate matter, and 
carbon monoxide at the covered refineries and to implement several 
Supplemental Environmental Projects. In addition, to resolve certain 
alleged Risk Management Program violations of Section 112(r)(7) of the 
Clean Air Act, 42 U.S.C. 7412(r)(7), the Frontier El Dorado Refining 
Company will pay an additional civil penalty, perform a Supplemental 
Environmental Project and implement injunctive to correct program 
deficiencies.
    The Department of Justice will receive for a period of thirty (30) 
days from the date of this publication comments relating to the Consent 
Decree. Comments should be addressed to the Assistant Attorney General, 
Environment and Natural Resources Division, and either e-mailed to 
[email protected] or mailed to P.O. Box 7611, U.S. 
Department of Justice, Washington, DC 20044-7611, and should refer to 
United States, et al v. Frontier Refining Inc. and the Frontier El 
Dorado Refining Company, Civil Action No. Civil Action No. 09-CV-1032-
WEB-KMH, D.J. Ref. 90-5-2-1-08660.
    The Consent Decree may be examined at: the Office Of the United 
States Attorney for the District of Wyoming, 2120 Capitol Avenue--4th 
Floor, Cheyenne, Wyoming 82001; the Office of United States Attorney 
for the District of Kansas, 500 State Street Suite 360, Kansas City, 
Kansas 66101, USAO File Number 2008V00801; U.S. EPA Region 8, 1595 
Wynkoop Street, Denver, Colorado 80202-1129; and U.S. EPA Region 7, 901 
North 5th Street, Kansas City, Kansas 66101. During the public comment 
period, the Consent Decree, may also be examined on the following 
Department of Justice Web site, http://www.usdoj.gov/enrd/Consent_Decrees.html. A copy of the Consent Decree may also be obtained by mail 
from the Consent Decree Library, P.O. Box 7611, U.S. Department of 
Justice, Washington, DC 20044-7611 or by faxing or e-mailing a request 
to Tonia Fleetwood ([email protected]), fax no. (202) 514-0097, 
phone confirmation number (202) 514-1547. In requesting a copy from the 
Consent Decree Library, exclusive of exhibits and defendants' 
signatures, please enclose a check in the amount of $45.75 (25[cent] 
per page reproduction cost) payable to the U.S. Treasury or, if by e-
mail or fax, forward a check in that amount to the Consent Decree 
Library at the stated address. If requesting a copy with exhibits, 
enclose a check in the amount of $51.00.

Robert Brook,
Assistant Chief, Environmental Enforcement Section,Environment and 
Natural Resources Division.
 [FR Doc. E9-3214 Filed 2-13-09; 8:45 am]
BILLING CODE 4410-15-P