[Federal Register Volume 77, Number 165 (Friday, August 24, 2012)]
[Notices]
[Page 51576]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-20806]


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DEPARTMENT OF JUSTICE


Notice of Lodging of Proposed Fourth Amendment to the Consent 
Decree Under the Clean Air Act

    Notice is hereby given that on August 17, 2012, a proposed Fourth 
Amendment to Consent Decree was lodged with the United States District 
Court for the Eastern District of Pennsylvania in United States of 
America; Commonwealth of Pennsylvania; City of Philadelphia; State of 
Oklahoma; and State of Ohio v. Sunoco, Inc., Civil Action 05-02866.
    The Court entered the Original Consent Decree in this case on March 
21, 2006. The Court entered the First Amendment to the Consent Decree 
on June 3, 2009. On August 31, 2011, the Court entered and approved the 
Second and Third Amendments to the Consent Decree.
    This Fourth Amendment to the Consent Decree proposes four revisions 
to the consent decree. They are: (1) A transfer of uncompleted or 
ongoing responsibilities for the Philadelphia Refinery to PES R&M LLC; 
(2) an extension of the time for achieving final SO2 and NOx 
emissions limits at Philadelphia's 868 FCCU from 2014 until 2016; (3) 
allowance of the emissions reductions achieved by reaching the final 
SO2 and NOx limits on the 868 FCCU or achieved from the 
permanent shut down of the Marcus Hook Refinery (to the extent the 
Philadelphia and Marcus Hook Refineries are determined to be a single 
source) to be used as credits or offsets in any PSD, major non-
attainment and or minor NSR permits provided that the new or modified 
units meet BACT; and (4) a requirement to install, operate and maintain 
fence line monitoring of refinery pollutants.
    Sunoco has completed the installation of the WGS and SCR at the 
Philadelphia 1232 FCCU as required under the Consent Decree. PES R&M 
LLC will step into the shoes of Sunoco for all injunctive relief 
requirements that have not yet been fulfilled or that are ongoing. The 
amendment changes references from ``Sunoco'' where appropriate to ``PES 
R&M LLC'', and changes other references, where there are similar 
requirements across all refineries, to ``PES R&M LLC (with regard to 
the Philadelphia refinery).''
    The publication of this notice opens a period for public comment on 
the Fourth Amendment to the Consent Decree. Comments should be 
addressed to the Assistant Attorney General, Environment and Natural 
Resources Division, and should refer to United States of America; 
Commonwealth of Pennsylvania; City of Philadelphia; State of Oklahoma; 
and State of Ohio v. Sunoco, Inc., Civil Action 05-02866, Department of 
Justice No. 90-5-2-1-1744/1. All comments must be submitted no later 
than thirty (30) days after the publication date of this notice. 
Comments may be submitted by email to [email protected] or 
mailed to the Assistant Attorney General, U.S. DOJ--ENRD, P.O. Box 
7611, Washington, DC 20044-7611.
    During the public comment period, the Proposed Fourth Amendment to 
the Consent Decree may be examined and downloaded for free at the 
following Department of Justice Web site: http://www.usdoj.gov/enrd/Consent_Decrees.html. A copy of the Proposed Fourth Amendment to 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 ``Consent Decree 
Copy'' ([email protected]), fax no. (202) 514-0097, phone 
confirmation number (202) 514-5271. If requesting a copy from the 
Consent Decree Library by mail, please enclose a check in the amount of 
$8.00 (25 cents per page reproduction cost) payable to the U.S. 
Treasury or, if requesting by email or fax, forward a check in that 
amount to the Consent Decree Library at the address given above.

Robert D. Brook,
Assistant Section Chief, Environmental Enforcement Section, Environment 
and Natural Resources Division.
[FR Doc. 2012-20806 Filed 8-23-12; 8:45 am]
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