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

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. Chevron U.S.A.

Inc. and Chevron Pipe Line Company, Civil Action No. C 96-2082 (N.D.

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

Northern 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 subparts Ka and Kb of Part

60 of 40 CFR 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 Chevron's Richmond

Refinery in Richmond, California and Chevron's pipeline transfer

station in La Mirada, California. Petroleum storage tanks at these

facilities have ``guideposts'' 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, Chevron Richmond will

retofit a total of 18 tanks with agreed upon emission control equipment

and Chevron La Mirada will retrofit one tank. 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 Helen

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

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

to U.S. v. Chevron U.S.A. Inc. and Chevron Pipe Line Company, DOJ Nos.

90-11-3-1398 and 90-5-2-1-1965.

The proposed Chevron consent decree may be examined at the office

of the United States Attorney, Northern District of California, 450

Golden Gate Avenue, San Francisco, California 94102; 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. Chevron U.S.A. Inc. and Chevron Pipe Line Company,

please refer to that case and DOJ Nos. 90-5-2-1-1965 and 90-11-3-1398

and enclose a check for the amount of $4.50. Your check should be

payable to the Consent Decree Library.

Joel Gross,

Chief, Environmental Enforcement Section, Environment and Natural

Resources Division.

[FR Doc. 96-14978 Filed 6-12-96; 8:45 am]

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