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03-2003-0385JudicialConcludedFY 2003· Region 03

EPA v. ERGON-WEST VIRGINIA, INC AND ERGON REFINING (NATIONAL CASE)

Final Order With Penalty

Case summary

ERGON ALLEGEDLY VIOLATED THE CAA PREVENTION OF SIGNIFICANT DETERIORATION (PSD) AND NEW SOURCE REVIEW (NSR) REQUIREMENTS BY NOTIFYING BOILERS AND HEATERS AT ITS REFINERY W/O FIRST OBTAINING PERMITS FROM WV DEP. ERGON ALSO ALLEGEDY VIOLATED VARIOUS NEW SOURCE PERFORMANCE STANDARDS (NSPS) AND NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS (NESHAPS) APPLICABLE TO PETROLEUM REFINERIES. THIS CASE IS PART OF THE NATIONAL REFINERY INITIATIVE AND HAS BEEN SETTLED. A JUDICIAL DECREE WILL BE LODGED WITH THE U.S. DISTRICT COURT FOR THE SOUTHERN DISTRICT OF MISSISSIPPI BECAUSE VIOLATIONS AT ERGON'S REFINERY IN JACKSON, MISSISSIPPI ARE ALSO PART OF THIS SETTLEMENT

Defendants (1)

  • ERGON-WEST VIRGINIA, INCNamed in complaintNamed in settlement

Facilities (2)

  • ERGON WEST VIRGINIA REFINERY (A.K.A CONGO REFINERY)

    2750 CONGO ROAD, NEWELL, WV, 26050

    Registry ID: 110027982565

  • ERGON WEST VIRGINIA REFINERY (A.K.A CONGO REFINERY)

    2750 CONGO ROAD, NEWELL, WV, 26050

    Registry ID: 110027982565

Statutes cited

  • CAA 165Prevention of Significant Deterioration (PSD)
  • CAA 112Hazardous Air Pollutants
  • CAA 111New Source Performance Standards

Enforcement conclusions (1)

  • ERGON-WEST VIRGINIA, INC (NATIONAL CASE)entered 2003-12-31

    Primary law: CAA

    Federal penalty: $55,800 · State/local: $55,800 · SEP: $157,600

Timeline (6 milestones)

  • 2003-09-30Referred To Dept Of Justice
  • 2003-09-30Enforcement Action Data Entered
  • 2003-09-30Complaint Filed With Court
  • 2003-10-17Final Order Lodged
  • 2003-12-31Concluded
  • 2003-12-31Final Order Entered

Case metadata

EPA activity ID
104898
Case number
03-2003-0385
DOJ docket
90-5-2-1-06064/3
Lead agency
EPA
EPA region
03
Voluntary self-disclosure
No
Primary statute
Prevention of Significant Deterioration (PSD)

Sourced verbatim from EPA ECHO Enforcement Case Report for case 03-2003-0385 . Bulk data: ICIS-FEC download summary.

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.