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CLRTC SETTLES FEDERAL CASE ON SUNOCO AIR VIOLATIONS

Major Plant Investments, Community Air Monitors Result from Citizen Suit


NOVEMBER 9, 2005--The Community Labor Refinery Tracking Committee (CLRTC) and Sunoco, Inc. filed a settlement agreement in federal court today to resolve litigation against Sunoco and its Philadelphia Refinery. The Mid-Atlantic Environmental Law Center commenced the suit on behalf of CLRTC in April 2005 for violations of the Clean Air Act and associated state and local laws and regulations dating back to the year 2000. The U.S. District Court for the Eastern District of Pennsylvania will decide whether to accept the settlement before it becomes enforceable.

The suit had alleged hundreds of violations against Philadelphia's largest polluter, and sought penalties, plant improvements to reduce emissions, and other relief. Separately, Sunoco has also been sued by U.S. EPA, Pennsylvania DEP, and Philadelphia Air Management Services for some of these and other violations.

As a result of CLRTC's legal action, Sunoco has agreed to:
  • Install a $3 million back power supply system to its flagship catalytic cracker, the 1232 FCCU, which will prevent significant emission upset incidents during power interruptions
  • Invest approximately $500,000 in slip-stream filtration of the amine treatment system for the refinery's sulfur recovery plant and fuel gas recovery unit, in order to reduce flaring emissions
  • Pay up to $130,000 for the community group's purchase and operation of sophisticated air monitoring equipment as well as "bucket" air sampling
  • Send heavily detailed "root cause analysis" reports about flaring incidents to the CLRTC
"This refinery operates in close range to the homes of thousands of South and Southwest Philadelphia residents, so we had to do all we could to improve on the standard EPA refinery settlements," said Joanne Rossi, President of Community Labor Refinery Tracking Committee. "I know that emissions will be reduced further as a result."

To ensure the gains in the EPA action and the citizen suit are realized, CLRTC will keep close watch by reading the "root cause" reports and by identifying high concentrations of sulfur compounds and hazardous air pollutants through the community air monitoring equipment.

"We brought this action because years were passing, and Sunoco was continuing to pollute outside of its permits, despite EPA's enforcement negotiations," said Ms. Rossi. "For many in the community, the ongoing exposures were just more than we could take."

CLRTC provided notice of an intent to sue around some of the violations in 2000, but were prevailed upon by EPA to await its negotiations with Sunoco as part of a company-wide enforcement of Clean Air Act New Source Review infractions. Four years then elapsed and CLRTC had no assurance that community concerns were going to be met in a significant way, prompting a decision to renew investigation and make preparations for legal action to protect the community.

"The number of violations of the Clean Air Act and the associated emissions found upon investigation were truly disturbing," said Michael D. Fiorentino, Esq., Executive Director of Mid-Atlantic Environmental Law Center, lead attorney for CLRTC. "We have left the penalties to the EPA case, but have achieved some real gains for the community through this citizen suit and its settlement."

The major plant improvements in both the government settlement and the CLRTC settlement will be performed by Sunoco over the course of the next few years.

For more information regarding this, please contact Michael Fiorentino, Esq. at 302-477-2072 or Joanne Rossi at 215-492-1716, or click here to read the Philadelphia Inquirer article.


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