EPA v. BP OIL INC (MARCUS HOOK REFINERY)

Case summary

BP OIL INC. OWNS & OPERATES A REFINERY PRODUCING GASOLINE JET FUEL, DIESAL OIL & OTHER PETROLEUM PRODUCTS. THE REFIN- ERY IS LOCATED IN MARCUS HOOK BOROUGH, DELAWARE COUNTY, PA. BP IS A WHOLLY OWNED SUBSIDIARY OF THE STANDARD OIL COMPANY OF OHIO. WASTEWATERS ARE DISCHARGED FROM THIS FACILITY THROUGH 8 OUTFALLS: 001, 002, 003, 004, 005, 006, 007, & 008. OUTFALL 001 CONTAINS THE WASTEWATER FROM 101 & 201 DISCHARGES.OUT- FALLS 101 & 201 ARE LIMITED SEPARATELY PRIOR TO COMBINATION INTO OUTFALL 001. THIS ACTION ADDRESSES THOSE EFFLUENT LIM- ITATION VIOLATIONS OCCURRING AT OUTFALL 201 WHICH IS AN IN- TERNAL SAMPLING POINT. OUTFALL 201 IS THE DISCHARGE FROM THE FACILITY'S INDUSTRIAL WASTEWATER TREATMENT PLANT. FROM 1/79 TO 5/85 THERE HAVE BEEN 273 VIOLATIONS OF THE FACILITY'S NPDES PERMIT EFFLUENT LIMITATIONS. 52% OF THESE VIOLATIONS EXCEED THE SIGNIFICANT NON-COMPLIANCE (SNC) CRI- TERIA. THE PARAMETERS W/HIGHEST FREQUENCIES OF SNC VIOLA- TIONS ARE BOD5, TOTAL SUSPENED SOLIDS (TSS), OIL & GREASE, SULFIDE AND PHENOLICS. OTHER PARAMETERS THAT HAVE BEEN VIO- LATED INCLUDE CHEMICAL OXYGEN DEMAND, AMONIA AS NITROGEN, PH AND NON DISSOLVED IRON. THERE HAVE BEEN 46 INSTANCES OF NON REPORTING OF THE DISSOLVED IRON PARAMETER. THE PROPOSED REMEDY SHOULD REQUIRE COMPLIANCE WITH ITS PERMIT. THE ABATEMENT PROGRAM WHICH BP SHOULD BE REQUIRED TO UNDERTAKE SHOULD INCLUDE THE FOLLOWING: 1) A SCHEDULE FOR INSTALLATION OF REQUIRED TREATMENT TO MEET INTERIM & BAT & OTHER FINAL PERMIT LIMITATIONS IN THE SHORTEST POSSIBLE TIME; AND 2) 6 MONTHS OF DUPLICATIVE LABORATORY ANALYSES W/AN OUTSIDE LABORATORY TO ESTABLISH RELIABLE INTERNAL TESTING PROCE- DURES. EPA SHOULD SEEK CIVIL PENALTIES. IF A SETTLEMENT IS NEGO- TIATED, THE PENALTIES SHOULD AT LEAST BE EQUAL TO THE ECONO- MIC BENIFIT BP MAY HAVE GAINED THROUGH THE AVOIDANCE OF COSTS TO ABATE ITS VIOLATIONS. A PENALTY CALCULATION HAS BEEN ESTIMATED TO BE A MINIMUM OF APPROXIMATELY $524,500. IN ITS PRETRIAL MEMORANDUM THE U.S. ASKED FOR $6,200,000 FOR ECONOMIC BENEFIT, $477,000 FOR SERIOUSNESS, AND $4,208,000 FOR HISTORY OF VIOLATIONS FOR A TOTAL OF EXACLTY $10,885,000. ON MAY 28, 1987 EPA MADE PARTIAL MOTION FOR SUMMARY JUDGE- MENT ON THE ISSUE OF LIABILITY. AT THE SAME TIME BP MADE A MOTION FOR SUMMARY JUDGEMENT WHICH AS ESSENTIALLY A MOTION TO DISMISS. ON JULY 29, 1988 THE DISTRICT COURT JUDGE GRANTED EPA'S MOTION AND DENIED THE COMPANY'S. AT THE JUDGE'S SUGGESTIONS BOTH SIDES AGREED TO REOPEN SETTLEMENT NEGOTIATIONS WITH ASSISTANCE OF A MUTUALLY AGREED UPON DISTRICT COURT JUDGE.

Defendants (1)

• BP OIL INC.Named in complaintNamed in settlement

Facilities (2)

• TOSCO REFINING COMPANY L P TRAINER REFINERY

  4101 POST RD., MARCUS HOOK, PA, 19061

  Registry ID: 110000336440

• TOSCO REFINING COMPANY L P TRAINER REFINERY

  4101 POST RD., MARCUS HOOK, PA, 19061

  Registry ID: 110000336440

Statutes cited

• CWA 309 — Violation of Existing AO
• CWA 402 — Clean Water Act
• CWA 301 — NPDES Discharge without a Permit

Enforcement conclusions (1)

• BP OIL CO., INC.entered 1990-12-17

  Primary law: CWA

  Federal penalty: $2,191,000

Timeline (7 milestones)

• 1985-09-24Referred To Headquarters
• 1985-10-31Referred To Dept Of Justice
• 1986-02-10Complaint Filed With Court
• 1990-12-17Final Order Lodged
• 1990-12-17Final Order Entered
• 1990-12-17Concluded
• 1992-04-14Enforcement Action Closed