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

Federal RegisterJun 13, 1996

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DEPARTMENT OF JUSTICE

Notice of Lodging of Consent Decrees Pursuant to the Clean Air

Act

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

hereby given that a consent decree was lodged in U.S. v. Union Oil

Company of California, Civil Action No. CV 96-3980-WMB (RMCx) (C.D.

Cal.), on June 5, 1996, with the United States District Court for the

Central District of California. The case is a civil action under

Section 113(b) of the Clean Air Act (``Act''), 42 U.S.C. 7413(b), for

violations of provisions of the Act and of the regulations for New

Source Performance Standards (``NSPS'') in suparts Ka and Kb of Part 60

of 40 C.F.R. that require all openings in the roofs of petroleum

storage tanks that are subject to the regulations to be sealed or

covered.

The violations of the NSPS regulations involved Union Oil Company

of California's (Unocal's) Los Angeles Refinery, located in Los Angeles

County, California, and Unocal's Santa Maria Refinery, located in the

San Luis Obispo County, California. Petroleum storage tanks at these

facilities have ``guidepoles'' that pass through the roofs of the

storage tanks. The complaint alleges that the defendant's use of

``slotted'' guidepoles--guidepoles perforated by a series of slots

along the length of the pole--violate NSPS that require all openings in

the roofs of petroleum storage tanks to be sealed or covered. The

complaint seeks injunctive relief to ensure future compliance with the

NSPS regulations. Under the consent decree, Unocal will retrofit a

total of 7 tanks with agreed upon emission control equipment. After

retrofitting the specified tanks, the defendant is required to operate

the emissions control equipment specified by its consent decree in

compliance with the Clean Air Act and its consent decree.

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 copied to Robert R.

Klotz, Environmental Enforcement Section, U.S. Department of Justice,

301 Howard Street, Suite 870, San Francisco, CA 94105, and should refer

to U.S. v. Union Oil Company of California, DOJ No. 90-5-2-1-2017.

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

the United States Attorney, Central District of California, 1100 United

States Courthouse, 312 North Spring Street, Los Angeles, California

90012; at the Region IX Office of the Environmental Protection Agency,

75 Hawthorne Street, San Francisco, California 94105; 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. To request a copy of

the consent decree in United States v. Union Oil Company of California,

please refer to that case and DOJ No. 90-5-2-1-2017 and enclose a check

in the amount of $4.25. Your check should be payable to the Consent

Decree Library.

Joel Gross,

Chief, Environmental Enforcement Section, Environment and Natural

Resources Division.

[FR Doc. 96-14977 Filed 6-12-96; 8:45 am]

BILLING CODE 4410-01-M

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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