EPA v. ERGON REFINING and ERGON-WEST VIRGINIA, INC. (Lead)(NC)

Case summary

9/30/03 - Referral sent to DOJ and complaint filed. Region 4's referral to the Department of Justice seeks civil judicial action against Ergon Refining, Inc. (ERI), for alleged violations of the Clean Air Act (CAA) at ERI's facility in Vicksburg, Mississippi. This facility is part of the national petroleum refinery initiative in which the Department of Justice (DOJ), and the United States Environmental Protection Agency (EPA) have been extensively involved. The case also includes as a Defendant Ergon-West Virginia, Inc. (EWV) located in Newell, West Virginia. Simultaneous filing of a Complaint and Consent Decree are proposed. The relevant provisions of the CAA are the Prevention of Significant Deterioration (PSD) requirements at Part C of Subchapter I of the CAA, 42 U.S.C. Sections 7470 through 7479, and the regulations promulgated thereunder at 40 C.F.R. ? 52.21 and the Mississippi State Implementation Plan and rules setting forth the PSD regulations. New Source Performance Standards are found under Section 111 of the CAA, 42 U.S.C. Section 7411, and regulations promulgated under 40 C.F.R. Part 60 Subparts A and J, specifically applicable to petroleum refineries. Pursuant to Section 112 of the CAA, 42 U.S.C. Section 7412, EPA has promulgated National Emission Standards for Hazardous Air Pollutants (NESHAPs) including regulations for equipment leaks (fugitive emission sources) set forth at 40 C.F.R. Part 61, Subpart J; Part 63, Subparts H and CC; and Part 60 Subparts VV, GGG and QQQ. In accordance with CAA Section 112(d) of the CAA, 42 U.S.C. Section 7412(d), EPA has promulgated regulations at 40 C.F.R. Part 61 Subpart FF that are applicable to benzene-containing waste waters. All of these provisions are applicable to this referral. The proposed Complaint alleges seven claims for relief against ERI Five areas of Clean Air Act compliance are 1) violations of the PSD regulations for failure to apply for and obtain appropriate permits for modifying their process heaters and boilers; 2) violations of the NSPS regulations at 40 C.F.R. Part 60, Subpart A, for failure to comply with the emission limits and monitoring requirements for flaring devices, heaters and boilers; 3) violations of the NSPS regulations for failure to operate and maintain their heaters, boilers and flaring devices in a manner consistent with good air pollution control practices; 4) violations of applicable LDAR requirements; 5) violations of benzene waste NESHAP regulations; and two areas of CERCLA/EPCRA compliance: 6) failure to immediately notify the National Response Center of releases of hazardous substances; and 7) failure to immediately notify the State Emergency Response Commission and the Local Emergency Response Committee of a release of a hazardous or extremely hazardous substance. The injunctive relief provided in the proposed Consent Decree is consistent with the injunctive relief program developed as part of the refinery initiative. NOx emissions reductions from heaters and boilers will be achieved through a six-year program by installing next generation Ultra-Low NOx burners or alternative NOx control technology, and demonstrate continuous compliance with lower emissions limits through the use of continuous emissions monitors or source testing. SO2 emissions reductions will be achieved by restricting the combustion of hydrogen sulfide in refinery fuel gas and by agreeing not to burn fuel oil except under certain circumstances specified in the Consent Decree. Compliance for flaring devices will be achieved by meeting the requirements of NSPS Subparts A and J for fuel gas combustion devices. Control of acid gas flaring incidents will be identified following a root cause analysis over the last five years. Control of hydrocarbon flaring incidents will follow a similar investigative, reporting and corrective action procedures as for acid gas flaring. Benzene waste NESHAP will undertake numerous measures set forth in the Co

Defendants (2)

• ERGON REFINING, INC. (ERI)Named in complaintNamed in settlement
• ERGON WEST VIRGINIA, INC. (EWV)Named in complaintNamed in settlement

Facilities (3)

• ERGON REFINING INCORPORATED

  2611 HAINING RD., VICKSBURG, MS, 39180

  Registry ID: 110000376575

• ERGON REFINING INCORPORATED

  2611 HAINING RD., VICKSBURG, MS, 39180

  Registry ID: 110000376575

• ERGON REFINING INCORPORATED

  2611 HAINING RD., VICKSBURG, MS, 39180

  Registry ID: 110000376575

Statutes cited

• CERCLA 103A — Notification of Hazardous Reportable Quantity Release
• EPCRA 304 — Emergency Release Notification Section 313 Program
• CAA 165 — Prevention of Significant Deterioration (PSD)
• CAA 112 — Hazardous Air Pollutants
• CAA 111 — New Source Performance Standards

Enforcement conclusions (1)

• ERGON REFINING and ERGON-WEST VIRGINIA, INC. (04-2004-C006) (NC)entered 2003-12-31

  Primary law: CAA

  Federal penalty: $69,000 · State/local: $69,000 · SEP: $80,000

Timeline (7 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
• 2019-01-25Enforcement Action Closed