EPA v. TEXACO REFINING & MARKETING, INC.

Case summary

<NATURE OF THE CASE> TEXACO OWNS AND OPERATES A PETROLEUM REFINERY IN DELAWARE CITY, DELAWARE. AS PART OF THE PROCESS AT THIS PLANT, TEXACO REFINES, PURIFIES, AND STORES PURE BENZENE. SINCE THE PLANT PRODUCES OR USES AT LEAST 1000 MEGAGRAMS (=2.2 MILLION LBS) OF BENZENE PER YEAR, IT IS SUBJECT TO THE NESHAPS FOR EQUIPMENT LEAKS OF BENZENE (40CFR/61.SUB J),AND NESHAPS FOR EQUIPMENT LEAKS OF VHAP'S (40CFR/61.SUB V). . <CAUSE OF ACTION> THE BENZENE REGS WERE PROMULGATED ON 6/6/84, REQUIRING SUBJECT SOURCES TO SUBMIT AN INITIAL REPORT WITHIN 90 DAYS. TEXACO SUBMITTED A TIMELY REPORT, BUT FAILED TO INCLUDE A DESCRIPTION OF THE NATURE, SIZE, DESIGN, AND METHOD OF OPER- ATION, AND THE AVG. WEIGHT PER MONTH OF HAZARDOUS MATERIALS BEING PROCESSED BY THE SOURCE, IN VIOLATION OF: --40CFR/61.10 (GENERAL PROVISIONS OF NESHAPS), AND --40CFR/61.247(A)(2). TEXACO DID SUPPLY THIS INFORMATION IN RESPONSE TO A SECT/114 LETTER FROM EPA. ON MAY 25, 1985, EPA INSPECTED THE SOURCE, IDENTIFYING THE FOLLOWING VIOLATIONS: . 1/ FAILURE TO MARK 20 VALVES IN BENZENE SERVICE SO AS TO DISTINGUISH THEM FROM OTHER EQUIPMENT- 62.242-1(D) -AND FAILURE TO MONITOR THESE VALVES FOR LEAKAGE- 61.242-7; 2/ FAILURE TO EQUIP 14 OPEN-ENDED VALVES WITH A CAP, BLIND FLANGE, PLUG, OR SECOND VALVE: 61.242-6. . IN A SECOND INSPECTION ON JANUARY 16, 1986, EPA DETER- MINED THAT TEXACO STILL HAD NOT MARKED AND MONITORED 18 OF THE 20 VALVES IDENTIFIED IN THE FIRST INSPECTION. ALSO, EPA FOUND ELEVEN MORE VALVES IN AN AREA NOT PREVIOUSLY INSPECTED WHICH WERE NOT MARKED OR MONITORED FOR LEAKAGE. . TEXACO'S LATEST SEMIANNUAL REPORT, SUBMITTED 2/27/86, ON FEBRUARY 27, 1986, IDENTIFIES 85 PIECES OF EQUIPMENT IN BENZENE SERVICE WHICH WERE NOT PREVIOUSLY IDENTIFIED IN RE- PORTS SUBMITTED TO EPA. THIS MEANS THAT THE PREVIOUS REPORTS WERE DEFICIENT IN THIS REGARD. . <PROPOSED REMEDY> THE REGION RECOMMENDS SEEKING A CIVIL PENALTY AND AN INJUNCTION AGAINST FUTURE VIOLATIONS. A THIRD EPA INSPEC- TION, CONDUCTED IN EARLY APRIL, NOTED AN IMPROVEMENT BUT SOME VIOLATIONS ARE CONTINUING. THE REGION RECOMMENDS A PENALTY SETTLEMENT AMOUNT OF $197,000 IN ACCORDANCE WITH THE STATIONARY SOURCE CIVIL PENALTY POLICY.

Defendants (1)

• TEXACO REFINING & MARKETING, INC.Named in complaintNamed in settlement

Facilities (8)

• STAR ENTERPRISE

  2000 WRANGLE HILL ROAD, DELAWARE CITY, DE, 19706

  Registry ID: 110001148598

• STAR ENTERPRISE

  2000 WRANGLE HILL ROAD, DELAWARE CITY, DE, 19706

  Registry ID: 110001148598

• STAR ENTERPRISE

  2000 WRANGLE HILL ROAD, DELAWARE CITY, DE, 19706

  Registry ID: 110001148598

• STAR ENTERPRISE

  2000 WRANGLE HILL ROAD, DELAWARE CITY, DE, 19706

  Registry ID: 110001148598

• STAR ENTERPRISE

  2000 WRANGLE HILL ROAD, DELAWARE CITY, DE, 19706

  Registry ID: 110001148598

• STAR ENTERPRISE

  2000 WRANGLE HILL ROAD, DELAWARE CITY, DE, 19706

  Registry ID: 110001148598

• STAR ENTERPRISE

  2000 WRANGLE HILL ROAD, DELAWARE CITY, DE, 19706

  Registry ID: 110001148598

• STAR ENTERPRISE

  2000 WRANGLE HILL ROAD, DELAWARE CITY, DE, 19706

  Registry ID: 110001148598

Statutes cited

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

Enforcement conclusions (1)

• TEXACO REFINING & MARKETINGentered 1988-09-01

  Primary law: CAA

  Federal penalty: $153,000

Timeline (8 milestones)

• 1986-03-31Referred To Headquarters
• 1986-05-09Referred To Dept Of Justice
• 1986-07-10Referred TO U.S. Attorney
• 1986-07-14Complaint Filed With Court
• 1988-09-01Final Order Lodged
• 1988-09-01Final Order Entered
• 1988-09-01Concluded
• 1991-09-30Enforcement Action Closed