EPA v. CITGO ASPHALT REFINING CO. (NATIONAL CASE)

Case summary

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. CITGO will be the tenth national settlement reached as part of the EPA's CAA Petroleum Refinery Initiative. The other defendants are CITGO Petroleum Corporation, CITGO Refining and Chemicals Company, L.P., and PDV Midwest Refining, L.L.C. The settlement also covers CITGO's asphalt refinery in Paulsboro, New Jersey, and other petroleum refineries located in Lemont, Illinois; Lake Charles, Louisiana; and Corpus Christi, Texas. The State of Georgia is one of the Plaintiff-Intervenors in this case. Negotiations with CITGO are in the final phase, and the Consent Decree is expected to be lodged within the very near future. Statutory and Regulatory Authority - 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 State of Georgia Implementation Plan and rules setting forth the PSD regulations. New Source Performance Standards (NSPS)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), 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. Background - CITGO Asphalt Refining Company is the largest asphalt refiner on the East Coast. The asphalt refinery located in Savannah, Georgia has a current distillation capacity of approximately 31,000 barrels per day producing asphalt products primarily used in construction and roadways. This refinery has heaters, boilers, but no sulphur recovery plant or fluidized catalytic cracking unit. The facility is located in a National Ambient Air Quality Standards attainment area.

Defendants (4)

• CITGO ASPHALT REFINING COMPANYNamed in complaintNamed in settlement
• CITGO PETROLEUM CORPORATIONNamed in complaintNamed in settlement
• PDV MIDWEST REFINING LLCNamed in complaintNamed in settlement
• CITGO REFINING AND CHEMICALS COMPANYNamed in complaintNamed in settlement

Facilities (2)

• CTI FOUNDATION TERMINAL, INC.

  7 FOUNDATION DRIVE, SAVANNAH, GA, 31408

  Registry ID: 110000740967

• CTI FOUNDATION TERMINAL, INC.

  7 FOUNDATION DRIVE, SAVANNAH, GA, 31408

  Registry ID: 110000740967

Statutes cited

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

Enforcement conclusions (1)

• CITGO ASPHALT REFINING CO. (NATIONAL CASE) (04-2004-9002)entered 2005-01-26

  Primary law: CAA

  Federal penalty: $89,700 · State/local: $100,000

Timeline (6 milestones)

• 2003-12-22Referred To Dept Of Justice
• 2003-12-23Enforcement Action Data Entered
• 2004-10-06Final Order Lodged
• 2004-10-06Complaint Filed With Court
• 2005-01-26Concluded
• 2005-01-26Final Order Entered