1 THOMAS L. SANSONETTI

Assistant Attorney General 2 ROBERT D. MULLANEY Trial Attorney 3 Environment and Natural Resources Division United States Department ofJustice 4 301 Howard Street, Suite 1050 San Francisco, California 94105 5 Telephone: (415) 744-6491 6 PAUL M. WARNER (Utah BarNo. 3389) United States Attorney 7 JEANNETTE SWENT (Utah Bar No. 6043) Assistant United States Attorney 8 District ofUtah 185 South State Street, Suite 400 9 SaltLakeCity,Utah 84111 Telephone: (801) 524-5682 10 Attorneys for PlaintiffUnited States ofAmerica 11 12 IN THE UNITED STATES DISTRICT COURT 13 DISTRICT OF UTAH, CENTRAL DiVISION 14 UNITED STATES OF AMERICA, 

## ) ) CIVILACTION NO. 15 Plaintiff, 

## ) ) 16 v. 

## ) COMPLAINT 

## ) 17 MOBIL EXPLORATION & 

## ) PRODUCING U.S. INC., 

## ) 18 

## ) Defendant. 

## ) 19 ___________________________________) 20 21 The United States ofAmerica, byauthorityofthe Attorney General ofthe United States 22 and through the undersigned attorneys, acting at the request ofand on behalfofthe Administrator 23 ofthe United States Environmental Protection Agency (“EPA”), files this complaint and alleges 24 the following: 25 STATEMENT OF THE CASE 26 1. This is a civil action brought pursuant to Section 113(b) ofthe Clean AirAct (the 27 “Act”), 42 U.S.C. 

## § 7413(b), for injunctive reliefand the assessment ofcivil penalties against 28 Mobil Exploration & Producing U.S. Inc. (“Mobil”) forviolations ofthe Act at Mobil’s McElmo1 Creek Unit oil production facilityand associated oil fields (the “Facility”), located nearAneth, 2 Utah, on the Navajo Nation. 3 JTJRISDICTION AND VENUE 4 2. This Court hasjurisdiction overthe subject matter ofthis action under Section 5 113(b) ofthe Act, 42 U.S.C. 

## § 7413(b), and 28 U.S.C. 

## §~ 1331, 1345, and 1355. 6 3. Authorityto bring this action is vested in the United States Department ofJustice 7 pursuant to Section 305 ofthe Act, 42 U.S.C. 

## § 7605, and 28 U.S.C. 

## §~ 516 and 519. 8 4. Venue is proper in thisjudicial district under Section 113(b) ofthe Act, 42 U.S.C. 9 

## § 7413(b), and 28 U.S.C. 

## §~ 1391(b) and 1395. 10 5. Notice ofthe commencement ofthis action has been given to the Navajo Nation 11 Environmental Protection Agency (“Navajo EPA”) and the Utah Department ofEnvironmental 12 Quality, as required by Section 113(b) ofthe Act, 42 U.S.C. 

## § 7413(b). 13 PARTIES 14 6. The United States ofAmerica, acting atthe request and on behalfofthe 15 Administrator ofEPA, is the Plaintiff. 16 7. Mobil, a Delaware corporation with its corporate headquarters located in Houston, 17 Texas, is the Defendant. Mobil owns and operates the Facility. 18 8. Mobil is a “person” within the meaning ofSection 302(e) ofthe Act, 42 U.S.C. 19 

## § 7602(e). 20 STATUTORY AND REGULATORY BACKGROUND 21 9. The Act is intended to protect and enhance the qualityofthe nation’s air resources 22 so as to promote the public health and welfare and the productive capacity ofits population. 42 23 U.S.C. 

## § 7401(b)(1). 24 SIP and PSD Requirements 25 10. Section 109 ofthe Act, 42 U.S.C. 

## § 7409, requires the Administrator ofEPA (the 26 “Administrator”) to promulgate national ambient air qualitystandards (“NAAQS”) for certain air 27 28 -2-1 pollutants to protect public health and welfare. The Administrator has promulgated NAAQS for 2 the following pollutants: sulfurdioxide (“SO2”), particulate matter (“PM”), carbon monoxide 3 (“CO”), ozone, nitrogen dioxide (“NO2”), and lead. 40 C.F.R. Part 50. Because emissions of 4 volatile organic compounds (“VOCs”) act as a precursor in the formation ofozone, federal and 5 state regulatory measures to attain the NAAQS for ozone focus on the reduction or elimination of 

### 6 VOC emissions. 

### 7 11. To achieve the 

### NAAQS, Section 

### 110 ofthe Act, 42 

### U.S.C. 

## § 7410, requires each 8 state to adopt and submitto the Administratorfor approval a plan (a “State Implementation Plan” 9 or “SIP”) that provides forthe implementation, maintenance, and enforcement ofthe NAAQS in 10 each air qualitycontrol region within the state. Once EPA approves a SIP, it is independently 11 enforceable bythe federal government under Section 113 ofthe Act, 42 U.S.C. 

## § 7413. 12 12. Section 161 ofthe Act, 42 U.S.C. 

## § 7471, requires each SIP to contain emission 13 limitations and such other measures as maybe necessaryto “prevent significant deterioration” of 14 air quality in each region designated as “attainment” (i.e., a region that meets the NAAQS) or as 15 “unclassifiable” (i.e., a region that cannot be classified as meeting or not meeting the NAAQS). 16 13. The region in which the Facility is located is an “attainment” or “unclassified” 17 region forthe NAAQS for SO2, PM, CO, ozone, and NO2. 40 C.F.R. 

## § 81.345. 18 14. Pursuant to Part C ofSubchapter I ofthe Act, 42 U.S.C. 

## §~ 7470-7492, the 19 Administratorpromulgated “prevention ofsignificant deterioration” ofair quality (“PSD”) 20 regulations, codified at 40 C.F.R. 

## § 52.21. The PSD regulations, which were incorporated and 21 made part ofthe Utah SIP, applyto proposed majorstationary sources or major modifications to 22 be located on Indian Reservations within Utah. 40 C.F.R. 

## §~ 52.21(a)(1) and 52.2346(b). 23 15. The Navajo Nation is an “Indian Reservation” within the meaning of40 C.F.R. 24 

## § 52.21(b)(27). 25 16. Pursuant to 40 C.F.R. 

## § 52.21(a)(2)(iii), no new majorstationarysource ormajor 26 modification shall begin actual construction without a permit (hereinafter referred to as a “PSD 

### 27 28 -3-1 permit”) stating that the major stationarysource or majormodification will meet the 2 requirements of40 C.F.R. 

## § 52.21(j) through (r)(5). 3 17. Pursuant to 40 C.F.R. 

## §~ 52.21(r)(1) and 52.23, anyowneror operatorwho 4 (1) constructs or operates a source or modification not in accordance with the terms ofany PSD 5 permit, or (2) fails to complywith any PSD permit condition shall be subject to enforcement 6 action under Section 113 ofthe Act, 42 U.S.C. 

## § 7413. 7 Standards ofPerformance for Eguinment Leaks ofVOCs from Onshore Natural Gas Processing Plants 8 (40 C.F.R. Part 60. Subparts A and KKK) 9 18. Section 111(b) ofthe Act, 42 U.S.C. 

## § 7411(b), required EPAto: (1) publish a 10 list ofcategories ofstationary sources that, in EPA’sjudgment, cause or contribute significantly 11 to airpollution that may reasonablybe anticipated to endangerthe public health orwelfare, and 12 (2) promulgate standards ofperformance for new sources within those categories. These 13 standards, known as the New Source Performance Standards (“NSPS”), are codified at 40 C.F.R. 14 Part6O. 15 19. On December23, 1971, EPA promulgated the NSPS General Provisions, codified 16 at 40 C.F.R. Part 60, Subpart A (“NSPS Subpart A”). 36 Fed. Reg. 24,877. NSPS Subpart A 17 includes requirements that applyto owners and operators who are subject to subsequent Subparts 18 of40 C.F.R. Part 60, exceptwhen otherwise specified in a particular Subpart. 19 20. On June 24, 1985, EPA promulgated the NSPS for equipment leaks ofVOCs 20 from onshore natural gas processing plants, codified at 40 C.F.R. Part 60, Subpart KKK (“NSPS 21 Subpart KKK”). 50 Fed. Reg. 26,124. NSPS Subpart KKK applies to the following “affected 22 facilities” in onshore natural gas processing plants that commenced construction, modification, 23 or reconstruction afterJanuary20, 1984: a compressor in VOC service or in wet gas service, and 24 the group ofall equipment (except compressors) within a process unit. 40 C.F.R. 

## § 60.630(a)- 25 (b). In addition, a compressor station, dehydration unit, sweetening unit, underground storage 26 tank, field gas gathering system, or liquified natural gas unit is covered byNSPS Subpart KKK if 27 28 -4-1 it is located at an onshore natural gas processing plant. 40 C.F.R. 

## § 60.630(e). 2 21. NSPS Subpart KKK requires each owner or operatorto complywith the VOC 3 leak detection and repair (“LDAR”) requirements of40 C.F.R. 

## §~ 60.482-1(a), (b), and (d) and 4 60.482-2 through 60.482-10 (except as provided in 40 C.F.R. 

## § 60.633) no laterthan 180 days 5 after initial start-up. 40 C.F.R. 

## § 60.632(a). 6 22. Pursuant to 40 C.F.R. 

## §~ 60.482-4(c), 60.482-10(a) and (d), and 60.633(g), an 7 owner or operatorofa pressure reliefdevice equipped with a closed vent system capable of 8 capturing and transporting leakage through the pressure reliefdevice to a flare shall complywith 9 the flare requirements of40 C.F.R. 

## § 60.18. 10 23. Pursuant to 40 C.F.R. 

## § 60.1 8(f)(2), the presence ofa flare pilot flame shall be 11 monitored using athermocouple or anyother equivalent device to detectthe presence ofa flame. 12 24. Pursuant to 40 C.F.R. 

## § 60.11(d), owners and operators shall at all times and to 13 the extent practicable maintain and operate any affected facility, including associated air 14 pollution control equipment, in a manner consistent with good airpollution control practices for 15 minimizing emissions. 16 25. Section 111(e) ofthe Act, 42 U.S.C. 

## § 7411(e), makes it unlawful for anyowner 17 or operator ofanynew source to which an NSPS applies to operate the source in violation of 18 such NSPS. Violations ofSection 111(e) ofthe Act subject the violatorto injunctive reliefand 19 civil penalties pursuant to Section 113(b) ofthe Act, 42 U.S.C. 

## § 7413(b). 20 National Emission Standard forAsbestos (40 C.F.R. Part 61, Subparis A and M) 21 22 26. Section 112 ofthe Act, 42 U.S.C. 

## § 7412, required EPAto promulgate the 23 National Emission Standards for Hazardous Air Pollutants (“NESHAP”) regulations to establish 24 emissions standards for certain hazardous airpollutants. NESHAPs promulgated before 25 November 15, 1990, are codified at 40 C.F.R. Part 61. 26 27. On April 6, 1973, EPA promulgated the NESHAP General Provisions, codified at 27 28 -5-1 40 C.F.R. Part 61, Subpart A (“NESHAP Subpart A”). 38 Fed. Reg. 8,826. NESHAP Subpart A 2 includes requirements that applyto owners and operators who are subject to subsequent Subparts 3 of40 C.F.R. Part 61. 4 28. On April 5, 1984, EPA promulgated the NESHAP for asbestos, codified at 40 5 C.F.R. Part 61, Subpart M (“NESHAP Subpart M”). 49 Fçd. Reg. 13,661. NESHAP Subpart M 6 includes standards for control ofasbestos emissions associated with the demolition and 7 renovation offacilities. $c~ generally40 C.F.R. 

## § 61.145. 8 29. NESHAP Subpart M requires each owner or operatorofa demolition or 9 renovation activityto provide EPAwith written notice ofintention to demolish or renovate 10 before the commencement ofsuch activity. 40 C.F.R. 

## § 61.145(b). 11 EnforcementAuthorityunderthe Act 12 30. Section 113 ofthe Act, 42 U.S.C. 

## § 7413, provides that the Administrator is 13 authorized to commence a civil action for appropriate relief, including injunctive reliefand civil 14 penalties, against anyperson who has violated or is in violation ofany requirement or prohibition 15 ofan applicable SIP orpermit, or anyrequirement orprohibition ofany rule promulgated under 16 Sections 111 or 112 ofthe Act, 42 U.S.C. 

## §~ 7411, 7412. With regard to aviolation ofany 17 requirement orprohibition ofan applicable SIP orpermit, the Administratormaycommence a 18 civil action at anytime afterthe expiration ofthirtydays following the Administrator’s issuance 19 ofa Notice ofViolation. 20 GENERALALLEGATIONS 21 31. In 1984, Mobil purchased the Facilityfrom Superior Oil Company. 22 32. On May 13, 1986, Mobil submitted to EPA an application for a PSD permitto 23 construct and operate additional internal combustion engines atthe Facility. 24 33. On February2, 1987, EPA issued to Mobil a PSD permit that allowed Mobil to 25 construct three additional internal combustion engines. This PSD permitwas subsequently 26 amended in October 1987 to allow Mobil to install two gas turbines ratherthan the three internal 27 28 -6-1 combustion engines. The permitwas again amended on April 19, 1991, to allow Mobil to install

2 and operate one gas turbine (instead oftwo) and to replace existing heating equipment with a 3 waste heat recoveryunit. This PSD permit, as amended, is hereafter referred to as the “Mobil 4 PSD Permit.” 5 34. Condition No. 3 ofthe Mobil PSD Permit states that “[Mobil] shall operate no 6 pollutant-emitting equipment at the McElmo Creek Unit [i.e., the Facility] otherthan that listed 7 in Tables 1 and 2 ofthis permit.” 8 35. Condition No. 4 ofthe Mobil PSD Permit states that “[Mobil] shall limit facility 9 wide emissions to those shown in Table 1, on a rolling 12-month basis.” The facility-wide 10 authorized emissions shown in Table 1 are as follows: 1.25 tons peryear (“tpy”) ofSO2, 477.29 11 tpy ofoxides ofnitrogen (“NOx”), 109.67 tpy ofCO, and 38 tpy ofVOC. 12 36. Tn 1986, Mobil constructed a natural gas processing plant (the “Gas Plant”) at the 13 Facility. The Gas Plant included an upright flare, a dehydrator, an amine treater, a refrigeration 14 separation unit, and a natural gas liquids recovery unit. 15 37. After receiving the Mobil PSD Permit, Mobil began to route process and excess 16 waste gas from its field gas gathering system and injection well system to the Gas Plant’s upright 17 flare. 18 38. From 1992 though 1997, Mobil installed and operated petroleum liquid storage 19 tanks and heatertreaters at the Facility (hereinafter referred to collectivelyas “Tanks and Heater 20 Treaters”). 21 39. Beginning in 1997, Mobil began to remove some ofthe Gas Plant’s equipment. 22 Mobil continues to operate the Gas Plant’s upright flare at the Facility. 23 40. Mobil is the “owner or operator” ofthe Facility, which included the Gas Plant, 24 within the meaning ofSections 11 1(a)(5) and 1 12(a)(9) ofthe Act, 42 U.S.C. 

## §~ 741 1(a)(5), 25 7412(a)(9). 26 41. The Facility, which included the Gas Plant, is a “stationary source” within the 27 28 -7-1 meaning ofSections 111(a)(3) and 112(a)(3) ofthe Act, 42 

### U.S.C. 

## §~ 741 1(a)(3), 7412(a)(3). 2 42. The Gas Plantwas both “onshore” and a “natural gas processing plant” as those 3 terms are defined in 40 C.F.R. 

## § 60.631. 4 43. The Gas Plant’s pressure reliefdevices thatwere connected to the Gas Plant’s 5 upright flare through a closed vent system were each a “new source” as thatterm is defined in 6 Section 11 l(a)(2) ofthe Act, 42 U.S.C. 

## § 741 1(a)(2), and an “affected facility” as that term is 7 defined in 40 C.F.R. 

## §~ 60.2 and 60.630(a)-(b). Mobil was an “owneror operator” ofthese 8 affected facilities as that term is defined in 40 C.F.R. 

## § 60.2. 9 44. The Gas Plant’s dehydration units and field gas gathering systems were located at 10 an onshore natural gas processing plant and were subjectto the requirements ofNSPS Subparts 11 A and KKK. 40 C.F.R. 

## § 60.630(e). 12 45. The Gas Plantwas a “facility” as that term is defined in 40 C.F.R. 

## § 61.141. 13 46. Pursuant to Section 113(a) ofthe Act, 42 U.S.C. 

## § 7413(a), EPA issued to Mobil 14 a Notice and Finding ofViolation on September5, 1997, informing the companythat it had 15 violated the Mobil PSD Permit and the requirements ofNSPS Subparts A and KKK. 16 .47. Pursuant to Section 113(a) ofthe Act, 42 U.S.C. 

## § 7413(a), EPA issued to Mobil a 17 Notice and Finding ofViolation on June 7, 1999, informing the companythat it had violated the 18 Mobil PSD Permit and the requirements ofNESHAP Subpart M. 19 FIRST CLAIM FOR RELIEF

(Failure to Complywith Condition No. 3 ofthe Mobil PSD Permit) 20 21 48. Paragraphs 1 through 47, above, are realleged and incorporated herein by 22 reference. 23 49. Mobil’s operation ofthe Tanks and HeaterTreaters has resulted in emission of 24 pollutants, including SO2, NOx, CO, and VOCs. 25 50. Mobil’s operation ofthe Gas Plant’s upright flare has resulted in emissions of 26 pollutants, including SO2, NOx, CO, and VOCs. 

### 27 28 -8-1 51. The Tanks and HeaterTreaters and the Gas Plant’s upright flare are not listed in 2 Table 1 or2 ofthe Mobil PSD Permit. 3 52. Mobil’s operation ofthe Tanks and HeaterTreaters and the Gas Plant’s upright 4 flare is aviolation ofCondition No. 3 ofthe Mobil PSD Permit, which prohibits operation of 5 pollutant-emitting equipment atthe Facilitythat is not listed in Table 1 or2 ofthe Mobil PSD 6 Permit. 7 53. Each violation ofCondition No. 3 ofthe Mobil PSD Permit subjects Mobil to 8 liabilityunderthe Act. 9 54. Unless enjoined byan orderofthe Court, Mobil will continue to violate the Act. 10 Pursuant to Section 113(b) ofthe Act, the United States is entitled to injunctive reliefagainst 11 Mobil for its continuing violations ofthe Act. 12 55. Pursuant to Section 113(b) ofthe Act, 42 U.S.C. 

## § 7413(b), and 40 C.F.R. Part 19, 13 Mobil is liable for civil penalties ofnot more than $25,000 perdayfor each violation of 14 Condition No. 3 ofthe Mobil PSD Permit that occurred on or before January30, 1997; ofnot 15 more than $27,500 per dayfor each violation ofCondition No. 3 ofthe Mobil PSD Permit that 16 occurred between January 31, 1997 and March 15, 2004; and ofnot more than $32,500 per day 17 for each violation ofCondition No. 3 ofthe Mobil PSD Permit that occurred after March 15, 18 2004. 19 SECOND CLAIM FOR RELIEF

(Failure to Complywith Condition No. 4 ofthe Mobil PSD Permit) 20 21 56. Paragraphs 1 through 47, above, are realleged and incorporated herein by 22 reference. 23 57. The Facility’s emissions of SO2 were approximately72 tpy in 1994, 84.8 tpy in 24 1995, 99.1 tpy in 1996, and 62.8 tpy in 1997. Based on information and belief, the Facility’s 25 emissions of SO2 have exceeded 1.25 tpy in each year from 1998 to the present. 26 58. Mobil violated Condition No. 4 ofthe Mobil PSD Permit, which limits facility 27 28 -9-1 wide SO2 emissions to 1.25 tpy, from 1994 to the present. 2 59. The Facility’s VOC emissions were approximately 70 tpy in 1994, 67.6 tpy in 3 1995, 50.7 tpyin 1996, and 212.7 tpyin 1997. 4 60. Mobil violated Condition No. 4 ofthe Mobil PSD Permit, which limits facility 5 wide VOC emissions to 38 tpy, from 1994 through 1997. 6 61. Each violation ofCondition No. 4 ofthe Mobil PSD Permit subjects Mobil to 7 liability underthe Act. 8 62. Unless enjoined by an order ofthe Court, Mobil will continue to violate the Act. 9 Pursuant to Section 113(b) ofthe Act, the United States is entitled to injunctive reliefagainst 10 Mobil for its continuing violations ofthe Act. 11 63. Pursuant to Section 113(b) ofthe Act, 42 U.S.C. 

## § 7413(b), and 40 C.F.R. Part 19, 12 Mobil is liable for civil penalties ofnot more than $25,000 perdayfor each violation of 13 Condition No. 4 ofthe Mobil PSD Permit that occurred on orbefore January30, 1997; ofnot 14 more than $27,500 perdayfor each violation ofCondition No. 4 ofthe Mobil PSD Permit that 15 occurred between January31, 1997 and March 15, 2004; and ofnot more than $32,500 per day 16 for each violation ofCondition No. 4 ofthe Mobil PSD Permit that occurred after March 15, 17 2004. 18 THIRD CLAIM FOR RELIEF (Failure to Complywith NSPS Flare Requirements) 19 20 64. Paragraphs 1 through 47, above, are realleged and incorporated herein by 21 reference. 22 65. Tn accordance with 40 C.F.R. 

## §~ 60.482-4(c), 60.482-10(a) and (d), and 6O.633(g), 23 the Gas Plant’s upright flare is subject to the flare requirements of40 C.F.R. 

## § 60.18. 24 66. Mobil installed athermocouple on the Gas Plant’s upright flare to monitorthe 25 presence ofa flare pilot flame, but the thermocouple has not operated consistently. 26 67. Mobil’s failure to operate athermocouple or anyother equivalent device to detect 27 28 -10-1 the presence ofa pilot flame on the Gas Plant’s upright flare constitutes a violation of40 C.F.R. 2 §60.18(f)(2). 3 68. Mobil’s failure to operate a thermocouple or anyother equivalent device to detect 4 the presence ofa pilot flame on the Gas Plant’s upright flare also constitutes aviolation of40 5 C.F.R. 

## § 60.11(d), which requires owners and operators to maintain and operate any affected 6 facility, including associated airpollution control equipment, in a manner consistentwith good 7 air pollution control practices forminimizing emissions. 8 69. Each violation of40 C.F.R.~ 60.18(f)(2) and each violation of40 C.F.R. 9 

## § 60.11(d) subjects Mobil to liabilityunderthe Act. 10 70. Unless enjoined byan order ofthe Court, Mobil will continue to violate the Act. 11 Pursuant to Section 113(b) ofthe Act, the United States is entitled to injunctive reliefagainst 12 Mobil for its continuing violations ofthe Act. 13 71. Pursuantto Section 113(b) ofthe Act, 42 U.S.C. 

## § 7413(b), and 40 C.F.R. Part 19, 14 Mobil is liable for civil penalties ofnot more than $25,000 perdayfor each violation ofeither40 15 C.F.R. 

## § 60.18(f)(2) or4O C.F.R. 

## § 60.11(d) that occurred on or before January 30, 1997; ofnot 16 more than $27,500 perdayfor each violation ofeither40 C.F.R. 

## § 60.18(f)(2) or40 C.F.R. 17 

## § 60.11(d) that occurred between January 31, 1997 and March 15, 2004; and ofnot more than 18 $32,500 perdayfor each violation ofeither40 C.F.R. 

## § 60.1 8(f)(2) or40 C.F.R. 

## § 60.11(d) that 19 occurred after March 15, 2004. 20 FOURTH CLAIM FOR RELIEF (Failure to Complywith NSPS LDAR Requirements) 21 22 72. Paragraphs 1 through 47, above, are realleged and incorporated herein by 23 reference. 24 73. Beginning 180 days afterthe initial start-up ofthe Gas Plant, Mobil failed to 25 complywith the NSPS LDAR requirements of40 C.F.R. 

## §~ 60.482-1(a), (b), and (d) and 60.482- 26 2 through 60.482-10 at the Gas Plant’s dehydration units and field gas gathering systems. 27 28 -11-1 74. Each violation ofthese NSPS LDAR requirements subjects Mobil to liability 2 underthe Act. 3 75. Pursuant to Section 113(b) ofthe Act, 42 U.S.C. 

## § 7413(b), and 40 C.F.R. Part 19, 4 Mobil is liable for civil penalties ofnot more than $25,000 perdayfor each violation ofthese 5 NSPS LDAR requirements that occurred on orbefore January30, 1997; and ofnot more than 6 $27,500 per dayfor each violation ofthese NSPS LDAR requirements that occurred between 7 January 31, 1997 and March 15, 2004. 8 FIFTH CLAIM FOR RELIEF

(Failure to Complywith NESHAP Notification Requirements) 9 10 76. Paragraphs 1 through 47, above, are realleged and incorporated herein by 11 reference. 12 77. On or about September 3, 1997, the Navajo EPA, in conjunction with personnel 13 from the Arizona Department ofEnvironmental Quality, inspected the Facility and discovered 14 employees, agents, or contractors ofMobil dismantling the Gas Plant. 15 78. The dismantling ofthe Gas Plantwas a “demolition” as thatterm is defined in 40 16 C.F.R.~61.141. 17 79. With regard to the dismantling ofthe Gas Plant, Mobil is an “owneror operatorof 18 a demolition or renovation activity” as that term is defined in 40 C.F.R. 

## § 61.141. 19 80. Mobil did not provide the Administratororthe Navajo EPAwith written notice of 20 its intention to demolish the Gas Plant before the commencement ofthe demolition activities. 21 81. Mobil violated 40 C.F.R. 

## § 61.145(b) byfailing to submit written notice ofits 22 intention to demolish the Gas Plant. 23 82. Pursuant to Section 113(b) ofthe Act, 42 U.S.C. 

## § 7413(b), and 40 C.F.R. Part 19, 24 Mobil is liable forcivil penalties ofnot more than $27,500 per dayfor its violation of40 C.F.R. 25 

## § 61.145(b). 26 27 28 -12-1 PRAYER FOR RELiEF 2 WHEREFORE, Plaintiffrespectfullyprays thatthis Court: 3 1. Permanently enjoin Mobil from operating the Facility in violation oftheAct, the 4 Mobil PSD Permit, NSPS Subparts A and KKK, and NESHAP Subparts A and M; 5 2. Assess civil penalties against Mobil ofup to $25,000 for each day ofeach 6 violation ofthe Act (including violations ofthe Mobil PSD Permit and NSPS Subparts A and 7 KKK) on or before January30, 1997; up to $27,500 for each dayofeach violation ofthe Act 8 (including violations ofthe Mobil PSD Permit, NSPS Subparts A and KKK, and NESHAP 9 Subparts A and M) between January 31, 1997 and March 15, 2004; and up to $32,500 for each 10 dayofviolation ofthe Act (including violations ofthe Mobil PSD Permit and NSPS Subparts A 11 and KKK) after March 15, 2004; 12 3. Award Plaintiffits costs and disbursements in this action; and 13 4. Grant such otherand further reliefas this Court deemsjust and proper. 14 Respectfullysubmitted,

16 Datedj~/~ By:_______ 17 THOMAS L. SANSONETTI AssistantAttorney General 18 Environment and Natural Resources Division United States Department ofJustice

21 Dated:__-

~ ~. 22 ROBERT D. MULLANEY Trial Attorney 23 Environmental Enforcement Section Environment and Natural Resources Division 24 United States Department ofJustice 301 Howard Street, Suite 1050 25 San Francisco, California 94105 Telephone: (415) 744-6491 26 27 28 -13-1 PAUL M. WARNER United States Attorney 2 JEANNETTE SWENT Assistant United States Attorney 3 185 South State Street, Suite 400 Salt Lake City, Utah 84111 4 Telephone: (801)524-5682 5 OF COUNSEL: 6 Thomas P. Mintz Assistant Regional Counsel 7 U.S. Environmental Protection Agency, Region IX 75 Hawthorne Street 8 San Francisco, California 94105 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -14-