Sunoco, Inc. v. Department of Environmental Protection

OPINION BY Senior

Judge JIULIANTE.

Sunoco, Inc. (R&M) (hereinafter “Suno-co”) petitions for review of the April 12, 2004 order of the Environmental Hearing Board (EHB) that denied Sunoco’s appeal from a $3,465,660 civil penalty assessed under Section 9.1 of the Air Pollution Control Act (APCA) 1 based upon Sunoco’s failure to install Reasonably Available Control Technology (RACT) on a timely basis on Boilers 6 and 7 at its Marcus Hook Refinery in Delaware County. For the reasons that follow, we affirm.

Sunoco’s Marcus Hook Refinery (the Facility) is located within the Philadelphia Consolidated…