Notice of Lodging of Consent Decree Pursuant To the Clean Air Act

DEPARTMENT OF JUSTICE

Notice of Lodging of Consent Decree Pursuant To the Clean Air Act

In accordance with Departmental policy, 28 CFR 50.7, notice is

hereby given that a proposed consent decree in United States v. Sun

Company, Inc. (R&M), Civil Action No. 94-5481, was lodged on September

7, 1994, with the United States District Court for the Eastern District

of Pennsylvania. The consent decree addresses violations of Sections

307 and 390 (b) and (d) of the Clean Water Act (the ``Act''), 33 U.S.C.

1317 and 1319 (b) and (d), against Sun Company, Inc. (R&M) (``SUN'')

the owner and operator of a petroleum refinery in Marcus Hook,

Pennsylvania. The United States has alleged that SUN violated the Act

by discharging pollutants from its Marcus Hook facility into the

Delaware County Regional Water Control Authority (``DELCORA''), a

publicly-owned treatment works (``POTW'') located in Chester,

Pennsylvania in violation of the pretreatment requirements applicable

to such discharges under Section 307 of the Act, 33 U.S.C. 1317, and

further for causing DELCORA to violate effluent limits imposed by its

National Pollutant Discharge Elimination System (``NPDES'') permits,

issued pursuant to Section 402 of the Act, 33 U.S.C. 1342. In addition

to several ``pass-through'' incidents, SUN allegedly violated on

numerous occasions regulatory limits for oil and grease and ammonia

nitrogen, and permit limits for Total Suspended Solids, BOD5, pH,

benzene, and phenol.

The Department of Justice will receive, for a period of thirty (30)

days from the date of this publication, comments relating to the

proposed consent decree. Comments should be addressed to the Assistant

Attorney General for the Environment and Natural Resources Division,

Department of Justice, Washington, D.C. 20530, and should refer to

United States v. Sun Co., Inc. (R&M), DOJ Ref. #90-5-1-1-4140.

The proposed consent decree may be examined at the office of the

United States Attorney, 615 Chestnut Street, 13th Floor, Suite 1300,

Philadelphia Life Building, Philadelphia, Pennsylvania 19106; the

Region III Office of the Environmental Protection Agency, 841 Chestnut

Building, Philadelphia, Pennsylvania 19107; and at the Consent Decree

Library, 1120 G Street, N.W., 4th Floor, Washington, D.C. 20005, (202)

624-0892. A copy of the proposed consent decree may be obtained in

person or by mail from the Consent Decree Library, 1120 G Street, N.W.,

4th Floor, Washington, D.C. 20005. In requesting a copy please refer to

the referenced case and enclose a check in the amount of $9.00 (25

cents per page reproduction costs), payable to the Consent Decree

Library.

Joel M. Gross,

Acting Section Chief, Environmental Enforcement Section, Environment

and Natural Resources Division.

[FR Doc. 94-23409 Filed 9-21-94; 8:45 am]

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