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. versus Ultramar

Inc., Civil Action No. CV 96-3983-GHK (ASWx) (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 subpart Ka 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 Ultramar Inc.'s

(``Ultramar's'') Wilmington Refinery, which is located in Wilmington,

California, Los Angeles County, California. A petroleum storage tank at

this facility has a ``guidepole'' that passes through the roof of the

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

``drilled'' guidepole--a guidepole perforated by a series of holes

along the length of the pole--violates 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, Ultramar will

retrofit the tank with agreed upon emission control equipment. After

retrofitting the tank, the defendant is required to operate the

emissions control equipment specified by its consent decrees 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 United States v. Ultramar Inc., DOJ No. 90-5-2-1-2002.

The proposed Ultramar 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, or at the

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Region IX Office of the Environmental Protection Agency, 75 Hawthrone

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. In requesting a copy of the consent

decree in United States versus Ultramar Inc., please refer to that case

and DOJ No. 90-5-2-1-2002 and enclose a check in the amount of $4.50

(25 cents per page reproduction costs). Your check should be payable to

the Consent Decree Library.

Joel Gross,

Chief, Environmental Enforcement Section, Environment and Natural

Resources Division.

[FR Doc. 96-14980 Filed 6-12-96; 8:45 am]

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