EPA v. AMOCO OIL COMPANY

Case summary

<NATURE OF THE CASE> AMOCO OIL COMPANY OWNS AND OPERATES A PETROLEUM RE- FINERY IN YORKTOWN, VA. THE FACILITY USES EQUIPMENT THAT PRODUCES GREATER THAN 1000 MEGAGRAMS OF BENZENE PER YEAR. THE PLANT IS SUBJECT TO THE NATIONAL EMISSION STANDARD FOR EQUIPMENT LEAKS OF BENZENE (40CFR/SUBPART J), AND THE NATIONAL EMISSION STANDARD FOR EQUIPMENT LEAKS (SUBPART V). . <CAUSE OF ACTION> AMOCO HAS VIOLATED SEVERAL PROVISION OF SUBPARTS J & V OF THE NESHAP REGULATIONS, AS FOLLOWS: . 1/ COMPANY FAILED TO SUBMIT AN INITIAL SOURCE REPORT WITHIN 90 DAYS AFTER PROMULGATION OF THE APPLICABLE REGS, IN VIOLATION OF 40CFR/61.10 AND 61.247. THE REPORT WAS RECEIVED NEARLY 2 MONTHS LATE AND WAS INCOMPLETE. 2/ COMPANY FAILED TO MARK CERTAIN PIECES OF EQUIPMENT IN BENZENE SERVICE, IN VIOLATION OF 40CFR/61.242-1(D). 3/ AMOCO FAILED TO CERTIFY IN ITS INITIAL REPORT THAT IT WAS IMPLEMENTING THE REQUIRED TESTING, RECORDKEEPING, AND REPORTING REQ'S, IN VIOLATION OF 40CFR/61.247(A). 4/ AMOCO SUBMITTED ITS FIRST SEMIANNUAL REPORT- DUE MARCH85- OVER ONE MONTH LATE AND ITS SECOND SEMIANNUAL REPORT- DUE SEPT85- OVER ONE MONTH LATE, IN VIOL. OF 40CFR/61.247(B). BOTH REPORTS WERE SUBMITTED ONLY AFTER PROMPTING BY THE REGIONAL OFFICE. 5/ ONE OPEN-ENDED VALUE DID NOT HAVE A PLUG, IN VIOLATION OF 40CFR/61.245(B)(1), AS OF THE TIME OF AN EPA INSPECTION ON 9/19/85. 6/ AMOCO WAS NOT USING A MONITORING DEVICE WHICH MEETS THE REQUIREMENT OF REFERENCE METHOD 21 AT THE TIME OF EPA'S INSPECTION, IN VIOL. OF 40CFR/61.245(B)(1). 7/ AMOCO REPORTED THAT IT INITIATED A FORMAL LEAK DETECTION PROGRAM ON 9/29/84, APPROXIMATELY 25 DAYS AFTER IT WAS REQUIRED TO DO SO BY 40CFR/61.242. 8/ FOR THE PERIOD COVERED BY ITS MOST RECENT SEMI-ANNUAL RE- PORT, SUBMITTED IN FEBRUARY 1986, AMOCO IMPLEMENTED AN ALTERNATE STANDARD WHICH ALLEVIATES THE REQUIREMENT TO MONITOR VALVES. HOWEVER, THE COMPANY FAILED TO MONITOR OTHER EQUIPMENT, SUCH AS PUMPS AND COMPRESSORS, IN VIOLA- TION OF 40CFR/61.242. 9/ FOR THE SAME PERIOD, AMOCO USED SUBSTANDARD MONITORING EQUIPMENT TO DEMONSTRATE NO DETECTABLE LEAKS FOR TWO CON- SECUTIVE MONTHS AS A BASIS FOR IMPLEMENTING THE ALTERNATE STANDARD FOR VALVES. THE COMPANY THEREBY FAILED TO SAT- ISFY THE PREREQUISITE FOR THE ALTERNATE STANDARD AND VIOLATED 40CFR/61.242-2. . <PROPOSED REMEDY> THE REGION RECOMMENDS SEEKING A CIVIL PENALTY AND AN INJUNCTION AGAINST FUTURE VIOLATIONS. HOWEVER, IT APPEARS THAT AMOCO IS NOW IN COMPLIANCE, SO THIS IS ESSENTIALLY A PENALTIES-ONLY CASE. THE REGION HAS RECOMMENDED A PENALTY SETTLEMENT FIGURE OF $88,125 IN ACCORDANCE WITH THE STATION- ARY SOURCE CIVIL PENALTY POLICY.

Defendants (1)

• AMOCO OIL COMPANYNamed in complaintNamed in settlement

Facilities (6)

• AMOCO PETROLEUM PRODUCTS YORKTOWN REFINERY

  2201 GOODWIN NECK ROAD, YORKTOWN, VA, 23692

  Registry ID: 110020680789

• AMOCO PETROLEUM PRODUCTS YORKTOWN REFINERY

  2201 GOODWIN NECK ROAD, YORKTOWN, VA, 23692

  Registry ID: 110020680789

• AMOCO PETROLEUM PRODUCTS YORKTOWN REFINERY

  2201 GOODWIN NECK ROAD, YORKTOWN, VA, 23692

  Registry ID: 110020680789

• AMOCO PETROLEUM PRODUCTS YORKTOWN REFINERY

  2201 GOODWIN NECK ROAD, YORKTOWN, VA, 23692

  Registry ID: 110020680789

• AMOCO PETROLEUM PRODUCTS YORKTOWN REFINERY

  2201 GOODWIN NECK ROAD, YORKTOWN, VA, 23692

  Registry ID: 110020680789

• AMOCO PETROLEUM PRODUCTS YORKTOWN REFINERY

  2201 GOODWIN NECK ROAD, YORKTOWN, VA, 23692

  Registry ID: 110020680789

Statutes cited

• CAA 114 — Record keeping, Inspection, Information Request
• CAA 112 — Hazardous Air Pollutants

Enforcement conclusions (1)

• AMOCO OIL COMPANYentered 1986-11-12

  Primary law: CAA

  Federal penalty: $75,000

Timeline (8 milestones)

• 1986-02-28Referred To Headquarters
• 1986-03-26Referred To Dept Of Justice
• 1986-05-29Referred TO U.S. Attorney
• 1986-06-04Complaint Filed With Court
• 1986-11-12Final Order Lodged
• 1986-11-12Final Order Entered
• 1986-11-12Concluded
• 1992-04-15Enforcement Action Closed