Notice2021-26526
Notice of Lodging of Proposed Third Amendment To Consent Decree Under the Clean Air Act
Primary source
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Published
December 8, 2021
Issuing agencies
Justice Department
Full Text
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<title>Federal Register, Volume 86 Issue 233 (Wednesday, December 8, 2021)</title>
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[Federal Register Volume 86, Number 233 (Wednesday, December 8, 2021)]
[Notices]
[Pages 69685-69686]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-26526]
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DEPARTMENT OF JUSTICE
Notice of Lodging of Proposed Third Amendment To Consent Decree
Under the Clean Air Act
On December 2, 2021, the Department of Justice lodged a proposed
Third Amendment to Consent Decree (``Amendment'') with the United
States District Court for the Northern District of Indiana in the
lawsuit entitled United States and the State of Indiana v. BP Products
North America Inc., Civil Action No. 2:12-CV-207.
The Amendment relates to alleged violations of a 2012 Consent
Decree (``Decree'') by BP Products North America Inc., (``BP
Products'') at its refinery in Whiting, Indiana (``Whiting Refinery'').
The Amendment will resolve BP Products' violations of particulate
matter (``PM'') limits contained in the Decree and at 40 CFR part 60,
subpart Ja that are applicable to two fluidized catalytic cracking
units (``FCCUs'') at the Whiting Refinery, and a motion to enforce the
Decree filed by several Plaintiff-Intervenors.
The Amendment requires more frequent PM testing, revised PM testing
parameters, operating parameters for emissions and opacity monitors and
for electrostatic precipitators (``ESPs''), a PM emissions control
technology, and the installation of various process analyzers. BP
Products will also undertake a study to evaluate stack testing and ESP
operation during unit startup and shutdown. BP Products will pay
$512,450 in stipulated penalties after the Amendment is entered.
The publication of this notice opens a period for public comment on
the Amendment. Comments should be addressed to the Assistant Attorney
General, Environment and Natural Resources Division, and should refer
to United States and the State of Indiana v. BP Products North America
Inc., D.J. Ref. No. 90-5-2-1-09244. 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:
[[Page 69686]]
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To submit comments: Send them to:
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By email............................ <a href="/cdn-cgi/l/email-protection#0777726564686a6a6269732a626274296269756347727463686d29606871"><span class="__cf_email__" data-cfemail="92e2e7f0f1fdfffff7fce6bff7f7e1bcf7fce0f6d2e7e1f6fdf8bcf5fde4">[email protected]</span></a>.
By mail............................. 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 Amendment may be examined and
downloaded at this Justice Department website: <a href="https://www.justice.gov/enrd/consent-decrees">https://www.justice.gov/enrd/consent-decrees</a>. We will provide a paper copy of the Amendment
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 $8.50 (25 cents per page
reproduction cost) payable to the United States Treasury.
Susan M. Akers,
Assistant Section Chief, Environmental Enforcement Section, Environment
and Natural Resources Division.
[FR Doc. 2021-26526 Filed 12-7-21; 8:45 am]
BILLING CODE 4410-15-P
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