EPA v. WILLIAMS REFINING/PREMCOR (REFERRAL)

Case summary

AS PART OF THE NATIONAL REFINERY INITIATIVE, EPA, REGION 4, INVESTIGATED ALL THE REFINERIES IN THIS REGION. THE MEMPHIS REFINERY WAS INVESTIGATED THROUGH SECTION 114 REQUESTS (IN 1999, 2000, AND 2003) AND A MULTIMEDIA INSPECTION ON OCTOBER 20-24, 2002. BASED ON THE MULTIMEDIA INSPECTION, REVIEW OF INFORMATION SUBMITTED AND FILE REVIEW, EPA DETERMINED THAT THE REFINERY VIOLATED THE CAA AND THE FOLLOWING IMPLEMENTED REGULATIONS SET FORTH IN 40 CFR PART 61, SUBPART FF (NATIONAL EMISSION STANDARDS FOR BENZENE WASTE OPERATIONS): A. FAILURE TO SUBMIT PROCESS CHANGE REPORTS AT THE TIME OF STARTUP OF A PROCESS CHANGE WHICH GENERATES THE WASTE STREAM THAT COULD CAUSE THE TOTAL ANNUAL BENZENE QUANTITY FROM THE FACILITY TO INCREASE TO 10 MG/YR OR MORE, IN VIOLATION OF SECTION 61.355(a)(4)(ii), SECTION 61.357(c), AND SECTION 63.647(a) AND (c). B. FAILURE TO INCLUDE ALL APPLICABLE WASTE STREAMS IN TAB FOR CALENDAR YEARS 1997 THROUGH 2002 IN VIOLATION OF 40 CFR SECTION 61.357(a) AND 63.647(a) AND (c) FOR EACH WASTE STREAM NOT INCLUDED. C. FAILURE TO INCLUDE THE ANNUAL BENZENE QUANTITY FOR EACH PROCESS UNIT TURNAROUND WASTE INTO THE CALCULATION FOR THE TAB FOR 1997 THROUGH 2001, IN VIOLATION OF 40 CFR 61.355(a)(2) FOR EACH WASTE STREAM NOT INCLUDED. THERE WERE 13 DOCUMENTED TURNAROUNDS FROM 1998 THROUGH 2001; D. FAILURE TO IMPLEMENT CONTROLS AS REQUIRED WHEN THE TAB IS EQUAL TO OR GREATER THAN 10 MG/YR OF BENZENE FROM 1998 TO THE PRESENT, IN VIOLATION OF 40 CFR 61.348. BASED ON THE LEAK DETECTION AND REPAIR (LDAR) INSPECTION CONDUCTED BY THE NATIONAL ENFORCEMENT INVESTIGATIONS CENTER (NEIC) FROM MARCH 26TH THROUGH 29TH, 2001, THE SECTION 114s ISSUED IN 1999, 2000, AND 2003; AND EPA, REGION 4'S INSPECTION; IT WAS DETERMINED THAT THE REFINERY WAS IN VIOLATION OF THE FOLLOWING 40 CFR PART 60, SUBPART VV, STANDARDS OF PERFORMANCE FOR EQUIPMENT LEAKS OF VOC IN THE SYNTHETIC ORGANIC CHEMICALS MANUFACTURING INDUSTRY (NSPS SUBPART VV); 40 CFR PART 60, SUBPART GGG, STANDARDS OF PERFORMANCE FOR EQUIPMENT LEAKS OF VOC IN PETROLEUM REFINERIES(NSPS SUBPART GGG); AND 40 CFR PART 60, SUBPART CC, NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS FROM PETROLEUM REFINERIES (MACT SUBPART CC): A. FAILURE TO PROVIDE THE ADMINSTRATIVE WITH 20 SEMI-ANNUAL REPORTS THAT INCLUDE PROCESS UNIT SHUT DOWN DATES DURING REPORTING PERIODS FROM 1998 THROUGH 2001, IN VIOLATION OF 40 CFR 60.487(c)(3); 61.592, 63.648(a); B. FAILURE TO PERFORM WEEKLY VISUAL LEAK INSPECTIONS ON 4 PUMPS FOR 6 WEEKS, IN VIOLATION OF 40 CFR 60.482-2(a)(2), 61.592 AND 63.648(a); C. FAILURE TO CONDUCT MONTHLY OR QUARTERLY MONITORING FOR 122 VALVES, IN VIOLATION OF 40 CFR 60.482.7(c)(1), 60.592, AND 63.648(a); D. FAILURE TO RE-MONITOR 2 REPAIRED VALVES DURING THE PERIODS NOVEMBER 1, 2000 THROUGH APRIL 30, 2001; AND MARCH 1, 2001 THROUGH AUGUST 31, 2002, RESPECTIVELY FOR TWO CONSECUTIVE MONTHS AFTER THE LEAKS WERE DETECTED, IN VIOLATION OF 40 CFR 60.482-7(c)(2), 60.592 AND 63.648(a); E. FAILURE TO EQUIP OPEN-ENDED LINES WITH A SECONDARY CLOSURE DEVICE FOR 4 LINES FROM THE TANK FARM IN VIOLATION OF 40 CFR 60.482-6(a)(1); 60.592, AND 63.648(a); F. FAILURE TO KEEP A CURRENT LOG OF IDENTIFICATION NUMBERS FOR 37 PIECES OF EQUIPMENT, IN VIOLATION OF 40 CFR 60.486(e)(1), 60.592, AND 63.648(a); G. FAILURE TO LEAVE THE PROBE INLET AT THE MAXIMUM READING LOCATION FOR APPROX TWO TIMES THE MONITORING INSTRUMENT RESPONSE TIME FOR 10 VALVES, IN VIOLATION OF 40 CFR 60.485(b)(1), 60.592, 63.648 AND EPA TEST METHOD 21; H. FAILURE TO REPAIR VALVE #91278 WITHIN 15 CALENDAR DAYS AFTER THE LEAK WAS DETECTED, IN VIOLATION OF 60.482-7(d)(1), 60.592(e) AND 63.648(a)(1). FURTHER, IN FEBRUARY 3, 2003, A JET FUEL PIPELINE OWNED AND OPERATED BY WILLIAMS DISCHARGED OIL INTO NAVIGABLE WATERS OF THE U.S. AND ON ADJOINING SHORELINES. EPA INVESTIGATED THE SPILL UNDER THE AUTHORITY OF THE CWA AS AMENDED BY THE OIL SPILL POLLUTION ACT (OPA) OF 1990. THE DETAILS OF T

Defendants (2)

• WILLIAMS REFINING & MARKETING, LLCNamed in complaintNamed in settlement
• PREMCOR REFINING GROUP, INC.Named in settlement

Facilities (4)

• (VALERO MEMPHIS REFINERY) WILLIAMS REFINING L L C/PREMCOR

  543 W. MALLORY AVE., MEMPHIS, TN, 38109

  Registry ID: 110000374087

• (VALERO MEMPHIS REFINERY) WILLIAMS REFINING L L C/PREMCOR

  543 W. MALLORY AVE., MEMPHIS, TN, 38109

  Registry ID: 110000374087

• (VALERO MEMPHIS REFINERY) WILLIAMS REFINING L L C/PREMCOR

  543 W. MALLORY AVE., MEMPHIS, TN, 38109

  Registry ID: 110000374087

• (VALERO MEMPHIS REFINERY) WILLIAMS REFINING L L C/PREMCOR

  543 W. MALLORY AVE., MEMPHIS, TN, 38109

  Registry ID: 110000374087

Statutes cited

• CWA 311B — Oil & Hazardous Substances Discharge
• RCRA 3005 — Permits for Treatment, Storage, or Disposal of Hazardous Waste
• CAA 112D — MACT Standards
• CAA 111 — New Source Performance Standards

Enforcement conclusions (1)

• WILLIAMS REFINING/PREMCOR (04-2007-C012)entered 2007-05-21

  Primary law: CAA

  Federal penalty: $2,200,000

Timeline (8 milestones)

• 2003-09-18Enforcement Action Data Entered
• 2003-09-29Referred To Dept Of Justice
• 2004-05-13Supplemental Referral-Adding parties, counts
• 2007-03-22Final Order Lodged
• 2007-03-22Complaint Filed With Court
• 2007-05-21Concluded
• 2007-05-21Final Order Entered
• 2007-09-14Enforcement Action Closed