[Federal Register Volume 64, Number 135 (Thursday, July 15, 1999)]
[Notices]
[Pages 38215-38216]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-18087]


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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