[Federal Register Volume 61, Number 227 (Friday, November 22, 1996)]
[Notices]
[Pages 59459-59460]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-29844]


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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]
BILLING CODE 4410-01-M