83_FR_54992 83 FR 54781 - Notice of Lodging of Proposed Consent Decree Under The Clean Air Act, The Comprehensive Environmental Response, Compensation, and Liability Act, and The Emergency Planning and Community Right-To-Know Act

83 FR 54781 - Notice of Lodging of Proposed Consent Decree Under The Clean Air Act, The Comprehensive Environmental Response, Compensation, and Liability Act, and The Emergency Planning and Community Right-To-Know Act

DEPARTMENT OF JUSTICE

Federal Register Volume 83, Issue 211 (October 31, 2018)

Page Range54781-54781
FR Document2018-23735

Federal Register, Volume 83 Issue 211 (Wednesday, October 31, 2018)
[Federal Register Volume 83, Number 211 (Wednesday, October 31, 2018)]
[Notices]
[Page 54781]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-23735]


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DEPARTMENT OF JUSTICE


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

    On October 24, 2018, the Department of Justice and the State of 
Mississippi filed a complaint and lodged a proposed Consent Decree with 
the United States District Court for the Northern District of 
California (``Court'') in the matter of United States of America and 
the State of Mississippi v. Chevron U.S.A. Inc., Civil Action No. 4:18-
cv-06506 (N.D. Cal.).
    The proposed Consent Decree resolves certain claims brought under 
Section 112(r)(7) of the Clean Air Act (``CAA''), 42 U.S.C. 7412(r)(7), 
at the four petroleum refineries owned and operated by Chevron U.S.A. 
Inc. (``Chevron''), which are located in Richmond, California; El 
Segundo, California; Pascagoula, Mississippi; and Salt Lake City, Utah; 
as well as a fifth petroleum refinery formerly owned and operated by 
Chevron, located in Kapolei, Hawaii. The State of Mississippi is also 
resolving its related state law claims at the refinery located in 
Pascagoula, Mississippi. The proposed Consent Decree also resolves 
certain claims brought under Section 112(r)(1) of the Clean Air Act, 42 
U.S.C. 7412(r)(1), at the refineries located in Richmond, California, 
and Pascagoula, Mississippi; under Section 103 of the Comprehensive 
Environmental Response, Compensation, and Liability Act (``CERCLA''), 
42 U.S.C. 9603, at the refinery located in Richmond, California; and 
under Section 304 of the Emergency Planning and Community Right-to-Know 
Act (``EPCRA''), 42 U.S.C. 11004, at the refinery located in Richmond, 
California; and certain findings of violation previously issued by the 
U.S. Environmental Protection Agency (``EPA'') in Richmond, California. 
The claims alleged in the complaint and resolved in the proposed 
Consent Decree concern Chevron's prevention and mitigation of 
accidental chemical releases, including actual releases that occurred 
in Richmond, California in 2012, in El Segundo, California in 2013, and 
in Pascagoula, Mississippi in 2013.
    The Consent Decree requires Chevron to perform safety improvements 
to all its U.S. petroleum refineries. These improvements include the 
replacement of vulnerable pipes, the implementation of ``integrity 
operating window'' parameters and alarms, the conducting of additional 
corrosion inspections, the implementation of additional employee 
training, and the centralization of safety authority within the 
corporation. The Consent Decree also requires Chevron to pay a civil 
penalty of $2,950,000, of which $2,492,750 will be paid to the United 
States and $457,250 to the State of Mississippi; and requires Chevron 
to perform Supplemental Environmental Projects valued at $10,000,000, 
consisting of the provision of emergency response equipment to local 
jurisdictions surrounding the five refineries at issue in the 
complaint.
    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 of America and the State of Mississippi 
v. Chevron U.S.A. Inc., D.J. Ref. No. 90-5-2-1-11576. 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............................  [email protected].
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 website: https://www.usdoj.gov/enrd/consent-decrees. 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 $25.00 (25 cents per page 
reproduction cost) payable to the United States Treasury.

Jeffrey Sands,
Assistant Section Chief, Environmental Enforcement Section, Environment 
and Natural Resources Division.
[FR Doc. 2018-23735 Filed 10-30-18; 8:45 am]
 BILLING CODE 4410-15-P



                                                                        Federal Register / Vol. 83, No. 211 / Wednesday, October 31, 2018 / Notices                                                54781

                                              repositories serves as the basis for                    Civil Action No. 4:18–cv–06506 (N.D.                  Consent Decree. Comments should be
                                              estimating the percentage of total state                Cal.).                                                addressed to the Assistant Attorney
                                              records that are immediately available                     The proposed Consent Decree                        General, Environment and Natural
                                              through the FBI’s Interstate                            resolves certain claims brought under                 Resources Division, and should refer to
                                              Identification Index (III), and the                     Section 112(r)(7) of the Clean Air Act                United States of America and the State
                                              percentage of arrest records that include               (‘‘CAA’’), 42 U.S.C. 7412(r)(7), at the               of Mississippi v. Chevron U.S.A. Inc.,
                                              dispositions. Other data presented                      four petroleum refineries owned and                   D.J. Ref. No. 90–5–2–1–11576. All
                                              include the number of records                           operated by Chevron U.S.A. Inc.                       comments must be submitted no later
                                              maintained by each state, the percentage                (‘‘Chevron’’), which are located in                   than thirty (30) days after the
                                              of automated records in the system, and                 Richmond, California; El Segundo,                     publication date of this notice.
                                              the number of states participating in the               California; Pascagoula, Mississippi; and              Comments may be submitted either by
                                              National Fingerprint File and the                       Salt Lake City, Utah; as well as a fifth              email or by mail:
                                              National Crime Prevention and Privacy                   petroleum refinery formerly owned and
                                              Compact which authorizes the interstate                 operated by Chevron, located in                       To submit           Send them to:
                                              exchange of criminal history records for                Kapolei, Hawaii. The State of                         comments:
                                              noncriminal justice purposes. The                       Mississippi is also resolving its related
                                                                                                      state law claims at the refinery located              By email .......    pubcomment-ees.enrd@
                                              SSCHIS also contains information
                                                                                                                                                                                  usdoj.gov.
                                              regarding the timeliness and                            in Pascagoula, Mississippi. The
                                                                                                                                                            By mail .........   Assistant Attorney General,
                                              completeness of data in state record                    proposed Consent Decree also resolves                                       U.S. DOJ—ENRD, P.O.
                                              systems and procedures employed to                      certain claims brought under Section                                        Box 7611, Washington, DC
                                              improve data quality.                                   112(r)(1) of the Clean Air Act, 42 U.S.C.                                   20044–7611.
                                                (5) An estimate of the total number of                7412(r)(1), at the refineries located in
                                              respondents and the amount of time                      Richmond, California, and Pascagoula,                   During the public comment period,
                                              estimated for an average respondent to                  Mississippi; under Section 103 of the                 the Consent Decree may be examined
                                              respond: The total number of                            Comprehensive Environmental                           and downloaded at this Justice
                                              respondents is 56. The average length of                Response, Compensation, and Liability                 Department website: https://
                                              time per respondent is 6.75 hours. This                 Act (‘‘CERCLA’’), 42 U.S.C. 9603, at the              www.usdoj.gov/enrd/consent-decrees.
                                              estimate is based on the average amount                 refinery located in Richmond,                         We will provide a paper copy of the
                                              of time reported by five states that                    California; and under Section 304 of the              Consent Decree upon written request
                                              reviewed the survey.                                    Emergency Planning and Community                      and payment of reproduction costs.
                                                (6) An estimate of the total public                   Right-to-Know Act (‘‘EPCRA’’), 42                     Please mail your request and payment
                                              burden (in hours) associated with the                   U.S.C. 11004, at the refinery located in              to: Consent Decree Library, U.S. DOJ—
                                              collection: The total burden associated                 Richmond, California; and certain                     ENRD, P.O. Box 7611, Washington, DC
                                              with this collection is estimated to be                 findings of violation previously issued               20044–7611.
                                              378 hours.                                              by the U.S. Environmental Protection                    Please enclose a check or money order
                                                If additional information is required                 Agency (‘‘EPA’’) in Richmond,                         for $25.00 (25 cents per page
                                              contact: Melody Braswell, Department                    California. The claims alleged in the                 reproduction cost) payable to the United
                                              Clearance Officer, United States                        complaint and resolved in the proposed                States Treasury.
                                              Department of Justice, Justice                          Consent Decree concern Chevron’s
                                              Management Division, Policy and                         prevention and mitigation of accidental               Jeffrey Sands,
                                              Planning Staff, Two Constitution                        chemical releases, including actual                   Assistant Section Chief, Environmental
                                              Square, 145 N Street NE, 3E.405A,                       releases that occurred in Richmond,                   Enforcement Section, Environment and
                                              Washington, DC 20530.                                   California in 2012, in El Segundo,                    Natural Resources Division.
                                                Dated: October 26, 2018.                              California in 2013, and in Pascagoula,                [FR Doc. 2018–23735 Filed 10–30–18; 8:45 am]

                                              Melody Braswell.
                                                                                                      Mississippi in 2013.                                  BILLING CODE 4410–15–P
                                                                                                         The Consent Decree requires Chevron
                                              Department Clearance Officer for PRA, U.S.              to perform safety improvements to all its
                                              Department of Justice.
                                                                                                      U.S. petroleum refineries. These
                                              [FR Doc. 2018–23779 Filed 10–30–18; 8:45 am]                                                                  NATIONAL AERONAUTICS AND
                                                                                                      improvements include the replacement
                                              BILLING CODE 4410–18–P                                                                                        SPACE ADMINISTRATION
                                                                                                      of vulnerable pipes, the implementation
                                                                                                      of ‘‘integrity operating window’’                     [Notice: (18–085)]
                                                                                                      parameters and alarms, the conducting
                                              DEPARTMENT OF JUSTICE                                   of additional corrosion inspections, the              NASA Advisory Council; Regulatory
                                              Notice of Lodging of Proposed                           implementation of additional employee                 and Policy Committee; Meeting
                                              Consent Decree Under The Clean Air                      training, and the centralization of safety
                                                                                                      authority within the corporation. The                 AGENCY: National Aeronautics and
                                              Act, The Comprehensive                                                                                        Space Administration.
                                              Environmental Response,                                 Consent Decree also requires Chevron to
                                                                                                      pay a civil penalty of $2,950,000, of                 ACTION: Notice of meeting.
                                              Compensation, and Liability Act, and
                                              The Emergency Planning and                              which $2,492,750 will be paid to the
                                                                                                      United States and $457,250 to the State               SUMMARY:  In accordance with the
                                              Community Right-To-Know Act                                                                                   Federal Advisory Committee Act, as
                                                                                                      of Mississippi; and requires Chevron to
                                                 On October 24, 2018, the Department                  perform Supplemental Environmental                    amended, the National Aeronautics and
amozie on DSK3GDR082PROD with NOTICES1




                                              of Justice and the State of Mississippi                 Projects valued at $10,000,000,                       Space Administration (NASA)
                                              filed a complaint and lodged a proposed                 consisting of the provision of emergency              announces the first meeting of the
                                              Consent Decree with the United States                   response equipment to local                           Regulatory and Policy Committee of the
                                              District Court for the Northern District                jurisdictions surrounding the five                    NASA Advisory Council. This
                                              of California (‘‘Court’’) in the matter of              refineries at issue in the complaint.                 Committee reports to the NAC.
                                              United States of America and the State                     The publication of this notice opens               DATES: Friday, November 16, 2018, from
                                              of Mississippi v. Chevron U.S.A. Inc.,                  a period for public comment on the                    2:00–5:00 p.m., Eastern Time.


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Document Created: 2018-10-31 00:33:46
Document Modified: 2018-10-31 00:33:46
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
FR Citation83 FR 54781 

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