EPA v. Ergon - West Virginia, Inc

Case summary

An administrative consent agreement and final order was entered on September 23, 2003 requiring that Ergon-West Virginia, Inc. pay $155,500 to settle alleged violations of the Clean Air Act at its Newell, West Virginia, refinery. Specifically, EPA alleges that Ergon, as the owner and operator of the refinery, failed to install controls on its wastewater treatment system required by the New Source Performance Standards found at 40 C.F.R. Part 60, Subpart QQQ, the Standards of Performance for VOC Emissions from Petroleum Refinery Wastewater Treatment Systems. The consent agreement is a super-CAFO, in which an administrative enforcement action is simultaneously started and settled. The super-CAFO is the result of several years of negotiations between EPA, Ergon, and the previous owner of the refinery, Pennzoil-Quaker State Company ( PQS ). A super-CAFO assessing $23,250 against PQS for its role in the same alleged Subpart QQQ violations was entered on March 31, 2003. Ergon has also entered into an administrative compliance order by consent, under Section 113(a)(3) of the Clean Air Act, containing an enforceable schedule for installing, testing and certifying the missing controls. When installed, these controls will reduce the emission of VOCs from the refinery's wastewater treatment syste

Defendants (1)

• Ergon-West Virginia, IncNamed in complaintNamed in settlement

Facilities (2)

• NEWELL WEST VIRGINIA REFINERY

  ROUTE 2 SOUTH, NEWELL, WV, 26050

  Registry ID: 110027982565

• NEWELL WEST VIRGINIA REFINERY

  ROUTE 2 SOUTH, NEWELL, WV, 26050

  Registry ID: 110027982565

Statutes cited

• CAA 111 — New Source Performance Standards

Enforcement conclusions (1)

• ERGON - WEST VIRGINIA, INCentered 2003-09-23

  Primary law: CAA

  Federal penalty: $155,500

Timeline (4 milestones)

• 2003-05-14Enforcement Action Data Entered
• 2003-09-23Complaint Filed/Proposed Order
• 2003-09-23Final Order Issued
• 2003-10-14Enforcement Action Closed