Sunoco sued; S. Phila. toxic emissions alleged

By Tom Avril, Inquirer Staff Writer
The Philadelphia Inquirer
Copyright 2005

April 13, 2005

A Philadelphia citizens' group has sued Sunoco Inc., alleging that the company's South Philadelphia refinery has emitted excess levels of toxic and smog-forming gases dozens of times over the last five years.

A Philadelphia citizens' group has sued Sunoco Inc., alleging that the company's South Philadelphia refinery has emitted excess levels of toxic and smog-forming gases dozens of times over the last five years.

The Community/Labor Refinery Tracking Committee first announced its intent to sue in 2000, but held off after federal officials urged the group to wait, citing their own ongoing case against the Philadelphia-based company.

This week, the citizens got tired of waiting.

"I guess we have to address the issue on our own," said Joanne Rossi, president of the committee, which filed its suit Monday in U.S. District Court in Philadelphia.

Company and government officials both said yesterday that they were still negotiating a settlement, but could not provide specifics. Acting City Solicitor Romulo L. Diaz Jr. said he expected a deal "within the next few months."

Sunoco spokesman Gerald Davis said he could not comment on allegations in the lawsuit, but said he hoped it would not delay resolution of the government's case.

"We've... worked diligently with EPA, state and local agencies on an overarching consent decree that will require the implementation of very significant emissions-reduction technology at all our refineries," Davis said.

The Philadelphia refinery repeatedly emitted illegal levels of nitrogen oxides, sulfur dioxide, and volatile organic compounds, according to the lawsuit.

The violations are detailed in Sunoco's own reports to Air Management Services, the city agency responsible for enforcing air-quality rules in the city, said the group's attorney, Michael Fiorentino.

Diaz, the city attorney, said he could not immediately vouch for the accuracy of the specific allegations, but confirmed that there had been violations at the refinery.

"We recognize in the city that there is a problem here," Diaz said. "We've been working to get a resolution, but to get a resolution on a comprehensive basis."

The company processes 900,000 barrels of crude oil per day at its five refineries, more than a third of that amount at the Philadelphia facility. Two more of the five are in this area: one in Marcus Hook, Delaware County and the other in West Deptford, Gloucester County.

Air-pollution regulations have been in a state of flux since the government began to pursue cases against Sunoco and other oil refiners in 2000. The Bush administration streamlined a complex set of rules known as "new source review," a move that environmentalists say has made it harder to crack down on polluters.

The community group has taken on Sunoco before - and gotten results. In 1997, after threatening a lawsuit, members joined with city officials to negotiate a $5.5 million settlement with the oil refiner. Most of that sum went toward installing better pollution controls.

This time, they want Sunoco to implement a new leak-detection program and to install a variety of equipment, including electronic controls that would avert the need to flare excess gases. The group also wants the company to pay unspecified millions in government fines.

Davis, the company spokesman, said Sunoco had recently been certified by two trade groups as having met rigorous environmental standards.

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