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

DEPARTMENT OF JUSTICE

Notice of Lodging of Consent Decree Under the Clean Air Act, the

Comprehensive Emergency Response, Compensation and Liability Act, and

the Emergency Planning and Community Right-to-Know Act

Under 28 CFR Sec. 50.7, notice is hereby given that on March 15,

1999, a proposed Consent Decree in United States v. BP Exploration &

Oil Inc. Civil Action No. 3:97CV7790, was lodged with the United Stated

District Court for the Northern District of Ohio, Western Division.

In this action, the United States south penalties and injunctive

relief against BP Exploration & Oil Inc. (``BP'') for claims arising in

connection with BP's refinery in Toledo, Ohio, under the Clean Air Act,

42 U.S.C. 7401 et seq., the Comprehensive Environmental Response,

Compensation, and Liability Act, 42 U.S.C. 9601 et seq., and the

Emergency Planning and Community Right-to-Know Act, 42 U.S.C. 1101 et

seq.. Under the Consent Decree, PB will monitor, report on, and

undertake corrective actions to remedy process operations that lead to

the flaring of refinery gases that are high in hydrogen sulfide. BP

also will develop a training program for its Toledo refinery employees

designed to assist in minimizing sulfur dioxide emissions from flaring

and process operations. Similarly, BP will undertake a study to

optimize the performance of its existing sulfur recover unit. BP will

pay a civil penalty of $1,400,000 and will spend $350,000 on two

Supplemental Environmental Projects. In one project, BP will spend

$150,000 to fund an emergency response telephone notification system

for Lucas County. In another project, BP will spend $200,000 to fund

and upgraded radio and paging system for the Oregon, Ohio, fire

department, the fire department that serves BP's Toledo refinery.

The Department of Justice will receive for 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

to the Environment and Natural Resources Division, Department of

Justice, Washington, D.C. 20530, and should refer to the United States

v. BP Exploration & Oil Inc. D.J. Ref.No 90-5-2-1-1916.

The Consent Decree may be examined at the Office of the United

States Attorney, Four Seagate, Suite 308, Toledo, Ohio, 43604-2624, at

the Region 5 Office of the United States

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Environmental Protection Agency, 77 West Jackson Boulevard, Chicago, IL

60604-3590, and at the Consent Decree Library, 1120 G Street, N.W., 3rd

Floor, Washington, D.C. 20005. A copy of the Consent Decree may be

obtained in person or by mail from the Consent Decree Library, 1120 G

Street, N.W., 3rd Floor, Washington, D.C. 2005. In requesting a copy,

please refer to the above-referenced case and enclose a check in the

amount of $39.00 (25 cents per page reproduction cost) payable to the

Consent Decree Library.

Bruce S. Gelber,

Deputy Chief, Environmental Enforcement Section Environmental and

Natural Resources Division.

[FR Doc. 99-7286 Filed 3-24-99; 8:45 am]

BILLING CODE 4410-15-M