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

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. CITO

Asphalt Refining Company, Civil Action No. 96-5420 (SSB) was lodged on

November 7, 1996, in the United States District Court of the District

of New Jersey. The consent decree settles an action commenced in a

complaint filed November 7, 1996, under the Clean Air Act, 42 U.S.C.

Sec. 7401 et seq., arising out of operations at the CITO Asphalt

Refining Company refinery in Paulsboro, New Jersey. The refinery's

primary finished petroleum product is asphalt. The asphalt processes at

the refinery also yield several useful byproducts, including marine

diesel oil, vacuum gas oil and straight run gasoline.

The Complaint alleges that the CITO Asphalt Refining Company

violated the Clean Air Act, the New Jersey State Implementation Plan,

the New Source Performance Standards for petroleum refineries, 40 CFR

Part 60, Subpart J, and the National Emissions Standards for Hazardous

Air Pollutants, 40 CFR Part 61, Subpart FF, by: (1) Failing to install

emissions monitoring equipment; (2) failing to submit emissions

reports; (3) failing to conduct performance tests; (4) failing to

comply with the sulfur oxide emissions limitation; (5) failing to

submit a notification regarding benzene waste operations; (6) failing

to obtain a permit for the construction and operation of a wastewater

treatment plant; and (7) operating equ9pment in violation of permit

restrictions.

Under the Consent Decree, the CITO Asphalt Refining Company will

pay a civil penalty to the United States of $1.23 million. The Consent

Decree also provides for substantial injunctive relief to bring the

refinery into compliance with the Clean Air Act. Under the agreement,

the CITO Asphalt Refining Company will comply with the Clean Air Act's

sulfur oxide emissions standard; conduct a performance test at the

refinery; install a desulfurization unit at the refinery; install a

continuous emissions monitoring system; and submit excess emissions and

monitoring system reports.

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 forth Environment and Natural Resources Division,

Department of Justice, Washington, D.C. 20530, and should refer to

United States v. CITO Asphalt Refining Company, DOJ Ref. #90-5-2-1-

2010.

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

United States Attorney, Mitchell H. Cohen Courthouse, Fourth Street and

Cooper Street, Camden, New Jersey; the Region II Office of the

Environmental Protection Agency, 290 Broadway, New York, New York; and

at the Consent Decree Library, 1120 G Street, N.W., 4th Floor,

Washington, D.C. 20005, (202) 624-0892. A copy of the consent decree

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

[[Page 59460]]

copy please refer to the referenced case and enclose a check made

payable to the Consent Decree Library in the amount of $6.50 (25 cents

per page reproduction costs).

Joel M. Gross,

Section Chief, Environmental Enforcement Section, Environment and

Natural Resources Division.

[FR Doc. 96-29844 Filed 11-21-96; 8:45 am]

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