[Federal Register Volume 67, Number 25 (Wednesday, February 6, 2002)]
[Notices]
[Pages 5616-5617]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-2855]
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DEPARTMENT OF JUSTICE
Notice of Lodging of Consent Decree Pursuant to the Clean Air
Act, Clean Water Act, and Resource Conservation and Recovery Act
Notice is hereby given, in accordance with 28 CFR Sec. 50.7, that
on January 24, 2002, the United States lodged a proposed Consent Decree
with the United States District Court for the Western District of
Wisconsin, in United States v. Murphy Oil USA, Inc., Case No. 00-C-409-
C (W.D. Wis.), under the Clean Air Act, Clean Water Act, and Resource
Conservation and Recovery Act. The proposed consent Decree resolves
specific allegations and claims of the United States and the State of
Wisconsin against Murphy Oil USA, Inc. (``Murphy Oil''), and specific
violations found by the United States District Court for the Western
District of Wisconsin, arising out of the company's operation of a
petroleum refinery located at 2400 Stinson Avenue, Superior, Wisconsin.
Under the settlement, Murphy will (1) Pay a civil penalty of $5.5
million, $750,000 of which the United States will share with the State,
(2) implement two Supplemental Environmental Projects (``SEPs'') which
will reduce sulfur dioxide (``SO2'') emissions from certain
units at the Refinery that were outside the lawsuit, at a cost of $7.5
million over five years, and (3) install a new pollution control device
and perform other injunctive measures to remedy past violations and
prevent future violations.
To address violations of the CAA's Prevention of Significant
Deterioration (``PSD'') requirements and New Source Performance
Standards at the Refinery's Sulfur Recovery Unit (``SRU''), Murphy will
install a tail gas treatment unit which will substantially reduce
SO2 emissions from the SRU and comply with stringent
emission limitations that both EPA and the Wisconsin Department of
Natural Resources (``WDNR'') believe are very close to Best Available
Control Technology (``BACT''). The Decree further requires Murphy to
apply to WDNR for a PSD permit, which will include a formal
determination of BACT, and provides that, if BACT includes a more
stringent SO2 emission limitation than that already in the
Consent Decree, the Decree will be modified to incorporate the final
BACT limitation. In addition, to address violations of the CAA's Leak
Detection and Repair requirements, Murphy will implement for five years
a Refinery-wide program the goal of which is to minimize volatile
organic compound emissions from Refinery components. Finally, to
address the CWA's Spill Prevention Control and Countermeasures
requirements, Murphy will undertake measures to bring certain tanks
into compliance, including measuring certain containment areas and
increasing their capacity, if necessary.
To partially mitigate the penalty, Murphy will implement two SEPs:
(1) A project to reduce Murphy's use of high sulfur fuel oil in process
heaters and boilers to meet an SO2 emission limitation of
33.3 tons per month, averaged over a rolling 12-month period; and (2) a
project in which Murphy will use a SOX transfer catalyst at
its FCCU to reduce SO2 emissions from the FCCU to no greater
than 34.7 tons per month, averaged over a rolling 12-month period.
These two SEPs will reduce SO2 emissions from the Refinery
by at least 580 tons per year beyond legal requirements.
The Department of Justice will accept written comments relating to
the proposed Consent Decree for 30 days after publication of this
Notice. Comments should be addressed to the Assistant Attorney General,
[[Page 5617]]
Environment and Natural Resources Division, United States Department of
Justice, P.O. Box 7611, Ben Franklin Station, Washington, DC 20044-
7611, and should refer to United States v. Murphy Oil USA, Inc., DOJ #
90-7-1-06523. The proposed Consent Decree may be examined at the Office
of the United States Attorney for the Western District of Wisconsin,
Madison, Wisconsin, and at the Region 5 Office of the United States
Environmental Protection Agency, 77 West Jackson Boulevard, Chicago,
Illinois 60604. A copy of the proposed consent decree may also be
obtained by mail from the U.S. Department of Justice, Consent Decree
Library, P.O. Box 7611, Washington, DC 20044-7611 or by faxing a
request to Tonia Fleetwood, fax no. (202) 514-0097, phone confirmation
number (202) 514-1547.
In requesting a copy, please enclose a check for reproduction costs
(at 25 cents per page) in the amount of $18.75 for the decree, payable
to the United States Treasury.
William D. Brighton,
Assistant Chief, Environmental Enforcement Section, Environment and
Natural Resources Division, U.S. Department of Justice.
[FR Doc. 02-2855 Filed 2-5-02; 8:45 am]
BILLING CODE 4410-15-M