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, and pursuant

to Section 113(g) of the Clean Air Act, 42 U.S.C. Sec. 7413(g), notice

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

Company, Inc. (R & M), Civil Action No. 94-5483, was logwed on

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

District of Pennsylvania.

The proposed consent decree was lodged simultaneously with the

filing of the complaint in this action. The complaint and proposed

consent decree concern violations of the Clean Air Act, 42, U.S.C.

Sec. 7401 et seq. (``the Act''), and National Emission Standard for

Hazardous Pollutants for Benzene Emissions from Benzene Transfer

Operations, 40 CFR Part 61, Subpart BB (``Benzene Transfer NESHAP''),

promulgated under Section 112 of the Act, as amended, 42 U.S.C.

Sec. 7412, at the defendant's oil refining facility located in Marcus

Hook, Pennsylvania. The complaint alleges that the defendant failed to

complete construction of a benzene vapor recovery system and come into

compliance with the Benzene Transfer NESHAP until approximately nine

months after the deadlines established in a compliance waiver EPA

granted to defendant, pursuant to 40 CFR 61.10, for defendant's Marcus

Hook facility. The proposed consent decree requires defendant to comply

with the Act and the Benzene Transfer NESHAP in its future operations

at the Marcus Hook facility, and to pay a $160,230 civil penalty.

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 Company, Inc. (R. & M) (E.D. Pa.), DOJ Ref. #90-5-

2-1-1731.

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

United States Attorney, 615 Chestnut Street, Suite 1300, 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 $2.75 (25 cents per page reproduction costs),

payable to the Consent Decree Library.

John C. Cruden,

Chief, Environmental Enforcement Section, Environment and Natural

Resources Division.

[FR Doc. 94-23410 Filed 9-21-94; 8:45 am]

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