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

Federal RegisterSep 12, 1996

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DEPARTMENT OF JUSTICE

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

In accordance with Department of Justice Policy, 28 CFR 50.7,

notice is hereby given that on August 30, 1996, a proposed Consent

Decree was lodged with the United States District Court for the

District of Alaska in United States v. MAPCO Alaska Petroleum, Inc.,

Civil Action No. F96-0051CIV. The proposed Consent Decree settles

claims asserted by the United States at the request of the United

States Environmental Protection Agency (``EPA'') in a Complaint filed

on the same day. The United States filed its complaint pursuant to

Section 113(b) of the Clean Air Act (``the Act''), 42 USC 7413(b),

requesting the assessment of civil penalties and injunctive relief

against Defendant MAPCO Alaska Petroleum, Inc. (``Mapco'') for

violations of Section 111 of the Act, 42 U.S.C. Sec. 7411, and of the

provisions of the New Source Performance Standards (``NSPS'') codified

at 40 CFR Part 60, Subparts J, Kb, UU, GGG, QQQ, and XX. The United

States alleges that the violations occurred in connection with certain

equipment at Mapco's North Pole, Alaska refinery which is subject to

the ``Standards of Performance for Petroleum Refineries,'' codified at

40 CFR Part 60, Subpart J; the ``Standards of Performance for Volatile

Organic Liquid Storage Vessels,'' codified at 40 CFR Part 60, Subpart

Kb; the ``Standards of Performance for Asphalt Processing and Asphalt

Roofing Manufacturers,'' codified at 40 CFR Part 60, Subpart UU; the

``Standards of Performance for Equipment Leaks of VOC in Petroleum

Refineries,'' codified at 40 CFR Part 60, Subpart GGG; the ``Standards

of Performance for VOC Emissions from Petroleum Refinery Wastewater

Systems,'' codified at 40 CFR Part 60, Subpart QQQ; and the ``Standards

of Performance for Bulk Gasoline Terminals,'' codified at 40 CFR Part

60, Subpart XX.

Under the proposed Consent Decree, Mapco will pay a civil penalty

of $425,000 to the United States. Mapco will also purchase equipment

and devices that will be installed and operated at Mapco's North Pole

facility as Supplemental Environmental Projects (``SEPs''). Mapco will

also be subject to injunctive relief provisions governing the apsphalt

storage tanks at its North Pole facility that are subject to the NSPS

provisions codified at 40 CFR Part 60, Subpart UU. In return for the

commitments made by Mapco under the Decree, the proposed Consent Decree

provides that Mapco's payment of the civil penalty and performance of

the other terms of the Consent Decree shall constitute full

satisfaction of the claims alleged in the Complaint.

The Department of Justice will receive written comments relating to

the proposed Consent Decree for thirty (30) days from the date of

publication of this notice. Comments should be addressed to the

Assistant Attorney General of the Environment and Natural Resources

Division, U.S. Department of Justice, Washington, D.C. 20530, and

should refer to United States v. MAPCO Alaska Petroleum, Inc., D.J.

Ref. No. 90-5-2-1-1977. The proposed Consent Decree may be examined at

the Region 10 Office of EPA, 7th Floor Records Center, 1200 Sixth

Avenue, Seattle, WA 98101. A copy of the Consent Decree may be obtained

in person or by mail from the Consent Decreee Library, 1120 G Street,

[[Page 48164]]

NW., 4th Floor, Washington, DC 20005, (202) 624-0892. In requesting

copies, please enclose a check in the amount of $8.25 (25 cents per

page reproduction cost) payable to the ``Consent Decree Library.''

Walker Smith,

Deputy Chief, Environmental Enforcement Section, Environment and

Natural Resources Division.

[FR Doc. 96-23375 Filed 9-11-96; 8:45 am]

BILLING CODE 4410-01-M

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