Welcome to Scribd, the world's digital library. Read, publish, and share books and documents. See more ➡
Download
Standard view
Full view
of .
Add note
Save to My Library
Sync to mobile
Look up keyword
Like this
2Activity
×
0 of .
Results for:
No results containing your search query
P. 1
Concerned Citizens Complaint

Concerned Citizens Complaint

Ratings: (0)|Views: 5,463|Likes:
Published by bblochnola
The complaint by Concerned Citizens Around Murphy is an effort to compel the EPA to modify, terminate or revoke an air permit at Valero Energy Corporation's Meraux oil refinery. It concerns a benzene saturation unit at the refinery that was constructed by Valero’s predecessor, Murphy Oil.
The complaint by Concerned Citizens Around Murphy is an effort to compel the EPA to modify, terminate or revoke an air permit at Valero Energy Corporation's Meraux oil refinery. It concerns a benzene saturation unit at the refinery that was constructed by Valero’s predecessor, Murphy Oil.

More info:

Published by: bblochnola on May 16, 2013
Copyright:Attribution Non-commercial

Availability:

Read on Scribd mobile: iPhone, iPad and Android.
download as PDF, TXT or read online from Scribd
See More
See less

05/16/2013

pdf

text

original

 
1
U.S. DISTRICT COURTEASTERN DISTRICT OF LOUISIANAConcerned Citizens Around Murphy,Plaintiff,v.Bob Perciasepe, in his official capacity asActing Director, U.S. EnvironmentalProtection Agency,Defendant.(((((((((((
 _____________________________________________________________________________COMPLAINT _____________________________________________________________________________
Plaintiff Concerned Citizens Around M
urphy (“Concerned Citizens”), for its complaint
for declaratory and injunctive relief against Defendant Bob Perciasepe, in his official capacity as
Acting Administrator of the U.S. Environmental Protection Agency (“EPA”)
, states thefollowing:
INTRODUCTION
1.
 
Concerned Citizens brings this Clean Air Act citizen suit under 42 U.S.C. §7604(a) to compel EPA to fulfill its duty to modify, terminate, or revoke a Title V permit (No.2500-00001-
V5) that the Louisiana Department of Environmental Quality (“LDEQ”) iss
ued to
an oil refinery in Meraux, Louisiana (“Meraux Refinery Title V Permit”).
PARTIES
2.
 
Concerned Citizens is a non-profit corporation organized under the laws of theState of Louisiana and is domiciled at 2114 Corinne Drive, Chalmette, St. Bernard Parish,Louisiana. Concerned Citizens is a person within the meaning of 42 U.S.C. § 7604(a). Its purpose is to protect the health, safety, environment, and quality of life of St. Bernard residents.
Case 2:13-cv-03006 Document 1 Filed 05/15/13 Page 1 of 8
 
2
3.
 
Concerned Citizens’ members live and recreate around
the oil refinery located in
Meraux, Louisiana (“Meraux Refinery”)
to which EPA issued the Meraux Refinery Title VPermit
. Concerned Citizens’ members breathe, use, and enjoy the ambient air around the area of 
the Meraux Refinery. Excessive air pollution from the
Meraux Refinery impairs the members’
enjoyment and use of their property and neighborhood. For example,
Concerned Citizens’
members often smell nauseating and obnoxious chemical odors from pollutants that the MerauxRefinery emits into their neighborhood. Members worry that breathing these pollutants willimpair their health so they spend less time outdoors than they otherwise would to avoid the
 pollutants. EPA’s failure to comply with its duty under the Clean Air Act causes the members to
worry that the Meraux Refinery exposes them to excess air pollution that may harm their health.4.
 
EPA
’s failure to perform its duty to modify, terminate, or revoke the MerauxRefinery Title V Permit directly harms Concerned Citizens’ members because it allows the
Meraux Refinery to operate under a Title V permit that fails to meet all applicable requirementsand emit more pollutants than a legal permit would authorize. The Clean Air Act grants this
Court authority to redress Concerned Citizens’ injuries by ordering
EPA to perform its dutyunder the Clean Air Act to modify, terminate, or revoke the Meraux Refinery Title V Permit. 42U.S.C. § 7604(a).5.
 
The Defendant is Bob Perciasepe, EPA
’s acting Administrator 
. EPA isresponsible for implementing Clean Air Act requirements.
JURISDICTION AND VENUE
6.
 
This Court has subject matter jurisdiction pursuant to Clean Air Act, 42 U.S.C. §7604(a)
(compel EPA action “unreasonably delayed”).
This Court also has jurisdiction pursuantto 28 U.S.C. § 1331 (federal question jurisdiction) and 28 U.S.C. § 2201 (declaratory judgment).
Case 2:13-cv-03006 Document 1 Filed 05/15/13 Page 2 of 8
 
3
7.
 
Venue is proper in this Court pursuant to 42 U.S.C. § 7604(a).
NOTICE
8.
 
Concerned Citizens gave notice in compliance with the Clean Air Act, 42 U.S.C.§ 7604(a)-(b) and 40 C.F.R. Part 54 for its claims by letter sent to EPA via certified U.S. mail
 postmarked on May 8, 2012 (“Notice”). Concerned Citizens attached a
true and accurate copy of the Notice to this complaint as Exhibit A.9.
 
Concerned Citizens sent copies of the Notice by certified U.S. mail, postmarkedon May 8, 2012, to Sam Coleman, Acting Regional Administrator of EPA Region 6, PeggyHatch, LDEQ Secretary, Gov. Bobby Jindal, Mark F. Scobel, Refinery Manager, and the owner of the refinery that the Meraux Refinery Title V Permit covers
 — 
Valero Refining-Meraux, LLC(through its registered agent).10.
 
More than 180 days have passed since Concerned Citizens provided its Notice toEPA and to the other recipients.
LEGAL FRAMEWORK 
11.
 
The Clean Air Act aims “to protect and enhance the quality of the Nation's air 
reso
urces so as to promote the public health and welfare.” 42 U.S.C. § 7401(b)(1).
 12.
 
Title V of the Clean Air Act requires all major sources of air pollution, such as theMeraux Refinery, to apply for operating permits that include emission limitations and other conditions as are necessary to assure compliance with
the Act’s
applicable requirements, whichinclude requirements under the Act's Prevention of Significant Deterioration (
PSD
) programand EPA-approved state air program regulations that implement the Clean Air Act.
See
42U.S.C. §§ 7661a(a) and 7661c(a).13.
 
States implement the Title V program through EPA-approved state programs that
Case 2:13-cv-03006 Document 1 Filed 05/15/13 Page 3 of 8

You're Reading a Free Preview

Download
/*********** DO NOT ALTER ANYTHING BELOW THIS LINE ! ************/ var s_code=s.t();if(s_code)document.write(s_code)//-->