[Federal Register Volume 79, Number 220 (Friday, November 14, 2014)]
[Pages 68300-68301]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-26888]



Notice of Lodging of Consent Decree Pursuant to the Resource 
Conservation and Recovery Act and the Clean Water Act

    On November 5, 2014, the Department of Justice lodged a proposed 
Consent Decree (``Decree'') in the United States District Court for the 
Northern District of Alabama, Southern Division, in the lawsuit 
entitled United States of America and State of Alabama v.Bessemer 
Petroleum, Inc., Tri-State Petroleum Products, LLC, and Twin States 
Petroleum Products, LLC.,

[[Page 68301]]

(collectively ``Defendants'') Civil Action No.2:12-cv-01141-RDP. The 
Plaintiffs in this case are the United States on behalf of the United 
States Environmental Protection Agency and the State of Alabama 
Department of Environmental Management (``ADEM'') (collectively 
referred to as ``Plaintiffs'').
    This Decree represents a settlement of claims against the 
Defendants for failure to comply with administrative orders issued 
pursuant to the Resource Conservation and Recovery Act (``RCRA'') and 
the Clean Water Act (``CWA''), for violations of the Solid Waste 
Disposal Act (``SWDA''), as amended by RCRA, 42 U.S.C. 6901-6992k, and, 
pursuant to Section 311 of the CWA, 33. U.S.C. 1321, for the recovery 
of costs incurred by the United States Coast Guard in responding to the 
discharge or threat of discharge of oil at the Defendants' facility in 
Jefferson County, Alabama.
    The Consent Decree provides for the injunctive relief sought by the 
United States that Plaintiffs submit is necessary to address the 
Defendants' violations to protect human health and the environment. The 
injunctive relief that the Defendants must perform is set forth in 
Section VI. (Work to be Performed) of the Consent Decree, and in 
Appendix B to the Consent Decree (Statement of Work).
    The work set forth in the Statement of Work includes: (1) Providing 
site security; (2) removing and disposing/recycling of all free liquids 
or sludges from any containers on site; (3) removing or permanently 
closing all above-ground storage tanks (``ASTs'') at the facility; (4) 
permanently closing the underground storage tanks (``USTs'') at the 
facility in accordance with Alabama Department of Environmental 
Management (``ADEM'') Admin. Code Chapter 335-6-15 (40 CFR Part 280 
(Subpart G)); (5) performing a site assessment of soil and groundwater 
contamination at and around the facility or off-site, as necessary; (6) 
excavating oil-contaminated soils and disposing of all waste materials; 
and (7) performing all necessary remediation activities to address 
contamination exceeding applicable screening or cleanup levels. The 
Consent Decree requires financial assurance in the form of an escrow 
account, trust fund, surety bond, letter of credit, or insurance in an 
amount sufficient to cover the cost of the work outlined in the 
Statement of Work.
    The Consent Decree also requires the Defendants to reimburse the 
United States Coast Guard for costs incurred in the amount of 
$239,285.47. In addition, the Consent Decree requires the payment of a 
$20,000 penalty, to be divided equally between the Plaintiffs. The 
Consent Decree contains provisions for stipulated penalties for failure 
to comply with the requirements of the Decree.
    The publication of this notice opens a period for public comment on 
the Consent Decree. Comments should be addressed to the Assistant 
Attorney General, Environment and Natural Resources Division, and 
should refer to United States and State of Alabama v. Bessemer 
Petroleum, Inc., et al, Civil Action No. 2:12-cv-01141-RDP, D. J. Ref. 
No. 90-7-1-09700. 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:

         To submit comments:                     Send them to:
By email............................  pubcomment-ees.enrd@usdoj.gov.
By mail.............................  Assistant Attorney General, U.S.
                                       DOJ--ENRD, P.O. Box 7611,
                                       Washington, DC 20044-7611.

    During the public comment period, the Consent Decree may be 
examined and downloaded at this Justice Department 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 or money order for $12.00 (25 cents per page 
reproduction cost) payable to the United States Treasury for the 
Consent Decree and Exhibits thereto.

Henry S. Friedman,
Assistant Section Chief, Environmental Enforcement Section, Environment 
and Natural Resources Division.
[FR Doc. 2014-26888 Filed 11-13-14; 8:45 am]