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

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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.

Colorado Refining Company, Civil Action No. 95-WY-2608 (D. Colo.), was

lodged on October 13, 1995, with the United States District Court for

the District of Colorado.

The settlement concerns the petroleum refinery owned and operated

by Colorado Refining Company (``CRC'') in Commerce City, Colorado.

CRC's refinery is subject to a Clean Air Act ``Prevention of

Significant Deterioration'' or ``PSD'' permit which limits sulfur

dioxide emissions from a ``Claus Plant,'' and also requires CRC to

maintain a continuous emission monitoring (``CEM'') system to measure

SO2 emissions from the Claus Plant. The settlement resolves civil

claims that CRC violated the permit limit on sulfur dioxide emissions

from the Claus Plant numerous times between July 1990 and March, 1994,

and that CRC failed to operate at all times a continuous emissions

monitoring (``CEM'') device to measure SO2 in the gases discharged

to the atmosphere.

The settlement includes a civil penalty of $320,000. In addition,

CRC is required to obtain a report from a nationally recognized expert

in the field of sulfur recovery technology regarding modifications and/

or upgrades of the existing Claus Plant to make it effectively operate

given the existing and anticipated sulfur ``flowthrough'' at the

refinery, and, subject to EPA's approval, implement the recommendations

of such expert report.

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. Colorado Refining Company, Civil Action No. 95-WY-2608

(D. Colo.), DOJ Ref. #90-5-2-1-1356A. The proposed consent decree may

be examined at the Office of the United States Attorney, 1961 Stout

Street, Suite 1200, Federal Building, Denver, Colorado 80294; the

Region VIII Office of the Environmental Protection Agency, 999 18th

Street, Suite 700 South, Denver, Colorado 80202; 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 $4.75

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

Library.

Joel M. Gross,

Acting Chief, Environment and Natural Resources Division, Environmental

Enforcement Section.

[FR Doc. 95-29491 Filed 12-4-95; 8:45 am]

BILLING CODE 4410-01-M