EPA v. Shell Chemical Yabucoa, Inc.

Case summary

This case is part of the national Petroleum Refinery Initiative (PRI), and will resolve known and potential violations under the Clean Air Act (CAA or the Act), 42 U.S.C. 7401, et seq., at the Defendant's petroleum refinery located in Yabucoa, Puerto Rico. The model for PRI settlements requires petroleum refinery owner/operators to agree to terms that address known or potential non-compliance with key CAA requirements applicable to petroleum refineries. These requirements, also referred to as the PRI marquee issues,are found in the following CAA regulations: New Source Review/Prevention of Significant Deterioration of Air Quality, 40 C.F.R. ? 52.21 et seq.; New Source Performance Standards (NSPS) for Petroleum Refineries, 40 C.F.R. Part 60, Subpart J; National Emission Standard for Benzene Waste Operations, 40 C.F.R. Part 61, Subpart FF; and a set of regulations collectively known as the leak detection and repair (LDAR) regulations, which include NSPS regulations, 40 C.F.R. Part 60, Subparts VV and GGG; NESHAP regulations, 40 C.F.R. Part 61, Subparts J and V; and MACT regulations, 40 C.F.R. Part 63, Subparts F, H and CC. EPA is seeking injunctive relief and a civil penalty in this case. The negotiated relief requires the Defendant to install Selective Catalytic Reduction pollution control technology on two units at its petroleum refinery to reduce NOx emissions; reduce the sulfur content of fuel burned at the facility to reduce SO2 emissions; and implement an enhanced LDAR program at the facility to reduce emissions of VOC and Hazardous Air Pollutants. The relief requested also includes a civil penalty. The Defendant has agreed to pay a civil penalty to resolve the known and potential violations at its Yabucoa facility.

Defendants (2)

• Shell Chemical, LP
• Shell Chemical Yabucoa, Inc.Named in complaintNamed in settlement

Facilities (2)

• BUCKEYE CARIBBEAN TERM (SHELL CHEM)

  PR-901 KM 2.7 BO CAMINO NUEVO, YABUCOA, PR, 00767

  Registry ID: 110000580915

• BUCKEYE CARIBBEAN TERM (SHELL CHEM)

  PR-901 KM 2.7 BO CAMINO NUEVO, YABUCOA, PR, 00767

  Registry ID: 110000580915

Statutes cited

• CAA 112D — MACT Standards
• CAA 165 — Prevention of Significant Deterioration (PSD)

Enforcement conclusions (1)

• Shell Chemical Yabucoa, Inc.entered 2010-07-21

  Primary law: CAA

  Federal penalty: $1,500,000

Timeline (8 milestones)

• 2008-06-27Referred To Dept Of Justice
• 2008-07-01Enforcement Action Data Entered
• 2010-03-31Final Order Lodged
• 2010-03-31Complaint Filed With Court
• 2010-07-21Concluded
• 2010-07-21Final Order Entered
• 2015-07-22Air Resolved
• 2018-02-21Enforcement Action Closed