[Federal Register Volume 68, Number 201 (Friday, October 17, 2003)]
[Notices]
[Pages 59819-59820]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-26247]


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DEPARTMENT OF JUSTICE


Notice of Lodging of Consent Decree Under Clean Air Act

    Under 28 CFR 50.7, notice is hereby given that on September 30, 
2003, the United States lodged a proposed consent Decree between the 
United States, the Mississippi Commission on Environmental Quality, the 
West Virginia Department of Environmental Protection, Ergon Refining, 
Inc. (``ERI''), and Ergon-West Virginia, Inc. (``EWV'') with the United 
States District Court for the South District of Mississippi in the case 
of United States, et al. v. Ergon Refining, Inc. et al., Civil Action 
No. 3:03CV1140WSU.

[[Page 59820]]

    In a complaint that was filed simultaneously with the Consent 
Decree, the United States sought injunctive relief and penalties 
against ERI and EWV pursuant to section 113(b) of the Clean Air Act, 42 
U.S.C. 7413(b), for alleged Clean Air Act violations at ERI's refinery 
located in Vicksburg, Mississippi, and EWV's refinery located in 
Newell, West Virginia.
    Under the settlement, ERI and EWV will implement innovative 
pollution control technologies to greatly reduce emissions of nitrogen 
oxides (``NO2''), sulfur dioxide (``SO2''), 
particulate matter (``PM''), carbon monoxide (``CO''), and benzene from 
refinery process units and will adopt facility-wide enhanced monitoring 
and fugitive emission control programs. ERI and EWV have estimated that 
this injunctive relief will cost the companies approximately 
$8,315,000. ERI will pay a civil penalty of $138,000, which the State 
of Mississippi will share, and spend more than $80,000 on a 
supplemental environmental project to make modifications to and 
purchase equipment for the Vicksburg Volunteer Fire Department. EWV 
will pay a civil penalty of $111,6000, which the State of West Virginia 
will share, and spend more than $167,000 on supplemental environmental 
projects by upgrading controls on existing drains, replacing four 
conventional burners with ultra low NOX burners, and 
purchasing equipment for the Newell Volunteer Fire Department. ERI also 
will perform additional injunctive relief by installing a new oil water 
separator tank for the wastewater treatment system totaling 
approximately $1.5 million. The States of Mississippi and West Virginia 
will join in this settlement as signatories to the Consent Decree. In 
addition, EPA and EWV have entered into an administrative Consent 
Agreement and Final Order in which EWV has agreed to pay a $155,000 
civil penalty to EPA, and an Administrative Compliance Order by consent 
in which EWV has agreed to install certain wastewater treatment 
controls. The administrative orders are incorporated by reference and 
fully enforceable under the Consent Decree.
    The Department of Justice will receive for a period of thirty (30) 
days from the date of this publication comments relating to the Consent 
Decree. Comments should be addressed to the Assistant Attorney General, 
Environment and Natural Resources Division, P.O. Box 7611, U.S. 
Department of Justice, Washington, DC 20044-7611, and should refer to 
United States, et al., v. Ergon Refining, Inc. et al., D.J. Ref. 90-5-
2-1-06064/3.
    The Consent Decree may be examined at U.S. EPA Region 4, Sam Nunn 
Atlanta Federal Center, 61 Forsyth Street, SW., Atlanta, Georgia 30303-
3104, and U.S. EPA Region 3, 1650 Arch Street, Philadelphia, 
Pennsylvania, 19103-2029. During the public comment period, the Consent 
decree may be viewed on the following Department of Justice Web site, 
http://www.usdoj.gov/enrd/open.html. a copy of the Consent Decree may 
also be obtained by mail from the Consent Decree Library, P.O. Box 
7611, U.S. Department of Justice, Washington, DC 20044-7611, or by 
faxing or emailing a request to Tonia Fleetwood 
([email protected]), fax no. (202) 514-0097, phone confirmation 
number (202) 514-1547. In requesting a copy from the Consent Decree 
Library, please enclose a check in the amount of $35.50 (25 cents per 
page reproduction cost) payable to the U.S. Treasury.

Robert D. Brook,
Assistant Chief, Environmental Enforcement Section, Environment and 
Natural Resources Division.
[FR Doc. 03-26247 Filed 10-16-03; 8:45 am]
BILLING CODE 4410-15-M