[Federal Register Volume 78, Number 136 (Tuesday, July 16, 2013)]
[Notices]
[Page 42547]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-16969]
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DEPARTMENT OF JUSTICE
Notice of Lodging of Proposed Consent Decree Under the Clean Air
Act
On July 10, 2013, the Department of Justice lodged a proposed
consent decree with the United States District Court for the Southern
District of Texas in the lawsuit entitled United States v. Shell Oil
Co., et al., Civil Action No. 4:13-cv-2009.
In the Complaint, the United States alleges that Shell Oil Co. and
two of its affiliated partnerships (``Shell'') violated, at their
petroleum refinery and chemical plant in Deer Park, Texas, various
provisions of the Clean Air Act, 42 U.S.C. 7401 et seq.; the
Comprehensive Environmental Response, Compensation and Liability Act,
42 U.S.C. 9609(c) and 9613(b); and the Emergency Planning and Community
Right-To-Know Act, 42 U.S.C. 11045(b)(3).
Under the consent decree, Shell will implement innovative pollution
control technologies to reduce emissions of sulfur dioxide, volatile
organic compounds (``VOCs''), and hazardous air pollutants from the
twelve flares it operates at its Deer Park facility. Shell has agreed
to limit the waste gas it sends to its flares by installing and/or
operating systems that will recover and recycle waste gas back into
plant processes (i.e., flare gas recovery) and Shell has agreed to an
overall ``cap'' on the volume of waste gas it flares. For waste gas
that is flared, Shell will operate numerous monitoring systems and
comply with several operating parameters to ensure that the flares
adequately combust the gases. In addition, at a cost of between $15 and
$60 million, Shell will undertake numerous activities at its wastewater
treatment plant, its tanks, and its benzene extraction unit to reduce
VOC emissions and mitigate the effect of alleged past excess VOC
emissions. Shell also will install a $1 million state-of-the-art
monitor at its fenceline to record benzene emissions and make the
results available to the public, as well as spend $200,000 to retrofit
publicly-owned diesel vehicles in the vicinity of the plant to reduce
emissions. Finally, Shell will pay a civil penalty of $2.6 million.
The publication of this notice opens a period of public comment on
the consent decree. Comments should be addressed to the Acting
Assistant Attorney General, Environment and Natural Resources Division,
and should refer to United States v. Shell Oil Co., et al., D.J. Ref.
No. 90-5-2-1-09388/1. All comments must be submitted no later than
thirty (30) days after the publication date of this notice. Comments
may be submitted either by email or by mail:
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To submit comments-- Send them to--
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By email.......................... [email protected].
By mail........................... Acting Assistant Attorney General,
U.S. DOJ--ENRD, P.O. Box 7611,
Washington, DC 20044-7611.
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During the public comment period, the consent decree may be
examined and downloaded at this Department of Justice Web site: http://www.usdoj.gov/enrd/Consent_Decrees.html. We will provide a paper copy
of the consent decree upon written request and payment of reproduction
costs. Please mail your request and payment to: Consent Decree Library,
U.S. DOJ--ENRD, P.O. Box 7611, Washington, DC 20044-7611.
Please enclose a check in the amount of $62.50 (25 cents per page
reproduction cost) payable to the United States Treasury.
Maureen M. Katz,
Assistant Section Chief, Environmental Enforcement Section, Environment
and Natural Resources Division.
[FR Doc. 2013-16969 Filed 7-15-13; 8:45 am]
BILLING CODE 4410-15-P