Notice of Lodging of Settlement Pursuant to the Clean Air Act

DEPARTMENT OF JUSTICE

Notice of Lodging of Settlement Pursuant to the Clean Air Act

In accordance with Department policy, 28 CFR 50.7, notice is hereby

given that on June 28, 1999, a Complaint and a proposed Consent Decree

in United States v. Lion Oil Company, (W.D. AK) (Civil No. 99-1080),

were lodged with the U.S. District Court for the Western District of

Arkansas, El Dorado Division. The United States filed its Complaint in

this action simultaneously with the Consent Decree, on behalf of the

Environmental Protection Agency (``EPA'') pursuant to section 113 of

the Clean Air Act, 42 U.S.C. 7413. The Complaint seeks injunctive

relief and civil penalties for violations of the Clean Air Act (``CAA''

or ``the Act'') and regulations promulgated thereunder at Lion Oil's

refinery in El Dorado, Arkansas.

The Complaint alleged that Lion Oil Company violated numerous

testing, reporting and emission minimization requirements of the CAA's

New Source Performance Standards (``NSPS''), 40 CFR part 60, Subparts

A, Kb, J, VV and GGG, promulgated under section 111 of the CAA 42

U.S.C. 7411. The violations stemmed primarily from Oil's failure to

conduct required tests of various units at the refinery. Because Lion

Oil never conducted the tests, the company also violated notification

and reporting requirements under the Act and implementing regulations.

Under the terms of the settlement, Lion Oil will pay a $90,000

civil penalty and will perform three Supplemental Environmental

Projects (``SEPs'') at an estimated cost to the company of $687,635 and

with a demonstrated aggregate net present value under the Decree of

$311,364.50. The SEPs involve water conservation reuse measures that

will greatly reduce Lion Oil's draw on the local qualifer, which is the

sole source of drinking water in the area, as well as minimize the

discharge of thermal pollution in the El Dorado community.

Lion Oil's satification of all the requirements of the Decree will

constitute a full settlement of the violations alleged in the United

States' Complaint.

The Department of Justice will receive for a period of thirty (30)

days from the date of this publication comments concerning the proposed

Consent Decree. Comments should be addressed to the Assistant Attorney

General of the Environment and Natural Resources Division, U.S.

Department of Justice, Washington, DC 20530, and should refer

[[Page 38216]]

to United States v. Lion Oil Company, D.J. ref. 90-5-2-1-06064.

The proposed Consent Decree may be examined at the Office of the

United States Attorney for the Western District of Arkansas, El Dorado

Division, 6th & Rogers Avenue, Isass C. Parker Federal Building, Room

216, Fort Smith, Arkansas, 72901, and at the Consent Decree Library,

1120 G. Street, NW, 3rd Floor, Washington, DC 20005. A copy of the

proposed Decree may be obtained in person or by mail from the Consent

Decree Library, 1120 G Street, NW, 3rd Floor, Washington, D.C. 20005.

In requesting a copy, please enclose a check in the amount of $5.00

($0.25 per page for reproduction costs) payable to: Consent Decree

Library.

Joel M. Gross,

Chief, Environmental Enforcement Section.

[FR Doc. 99-18087 Filed 7-14-99; 8:45 am]

BILLING CODE 4410-15-M