EPA v. FLINT HILL RESOURCES LP/KOCH PETROLEUM GROUP

Case summary

IN LETTERS TO EPA DATED SEPTEMBER 13, 2000; OCTOBER 13, 2000; NOVEMBER 30, 2000; AND MAY 11, 2001, FLINT HILL ADMITTED THE FOLLOWING VIOLATIONS OF THE CAA, EPCRA AND RCRA: VIOLATION 1: FLINT HILL FAILED TO COMPLY WITH THE VAPOR TIGHTNESS DOCUMENTATION REQUIREMENTS OF 40 CFR, PART 63, SUBPART R, FOR TRUCKS LOADED AT ITS FACILITY. VIOLATION 2: FLINT HILL FAILED TO SUBMIT IN 1998 THE EQUIPMENT LIST REQUIRED BY 40 CFR 63.428(f). VIOLATION 3: FLINT HILL FAILED TO TAKE GAP MEASUREMENTS FOR EXTERNAL FLOATING ROOF TANKS, AS REQUIRED BY 40 CFR, PART 63, SUBPART R, AS INCORPORATED FROM 40 CFR, PART 63, SUBPART Kb. VIOLATION 4. FLINT HILL FAILED TO PROVIDE 30-DAYS NOTICE OF THE PERFORMANCE OF GAP MEASUREMENTS ON TWO EXTERNAL. FLOATING ROOF TANKS, AS REQUIRED BY 40 CFR PART 63, SUBPART R, AS INCORPORATED FROM 40 CFR PART 60, SUBPART Kb. VIOLATION 5: FLINT HILL FAILED TO REPORT THE FAILURE OF TWO TANKS TO PASS GAP MEASUREMENT TESTS WITHIN 30 DAYS OF DISCOVERY, AS REQUIRED BY 40 CFR 61.115b. VIOLATION 6: FLINT HILL FAILED TO REPAIR OR EMPTY A TANK WITHIN 45 DAYS OF DISCOVERY THAT THE TANK FAILED TO PASS A GAP MEASUREMENT TEST, AS REQUIRED BY 40 CFR PART 63, SUBPART R, AS INCORPORATED FROM 40 CFR PART 60, SUBPART Kb. VIOLATION 7: FLINT HILL VIOLATED 40 CFR 262.11 BY FAILING TO SUBMIT A BIENNIAL REPORT BY MARCH 1, 2000. VIOLATION 8: FLINT HILL VIOLATED SECTION 313 OF EPCRA BY FAILING TO TIMELY SUBMIT ACCURATE TOXICS RELEASE INVENTORY REPORTS TO THE EPA AND THE STATE OF NORTH CAROLINA FOR CALENDAR YEARS 1998 AND 1999.

Defendants (1)

• FLINT HILL RESOURCES, LPNamed in settlement

Facilities (12)

• FLINT HILLS RESOURCES LP

  3334 RIVER ROAD, WILMINGTON, NC, 28412

  Registry ID: 110040900665

• FLINT HILLS RESOURCES LP

  3334 RIVER ROAD, WILMINGTON, NC, 28412

  Registry ID: 110040900665

• FLINT HILLS RESOURCES LP

  3334 RIVER ROAD, WILMINGTON, NC, 28412

  Registry ID: 110040900665

• FLINT HILLS RESOURCES LP

  3334 RIVER ROAD, WILMINGTON, NC, 28412

  Registry ID: 110040900665

• FLINT HILLS RESOURCES LP

  3334 RIVER ROAD, WILMINGTON, NC, 28412

  Registry ID: 110040900665

• FLINT HILLS RESOURCES LP

  3334 RIVER ROAD, WILMINGTON, NC, 28412

  Registry ID: 110040900665

• FLINT HILLS RESOURCES LP

  3334 RIVER ROAD, WILMINGTON, NC, 28412

  Registry ID: 110040900665

• FLINT HILLS RESOURCES LP

  3334 RIVER ROAD, WILMINGTON, NC, 28412

  Registry ID: 110040900665

• FLINT HILLS RESOURCES LP

  3334 RIVER ROAD, WILMINGTON, NC, 28412

  Registry ID: 110040900665

• FLINT HILLS RESOURCES LP

  3334 RIVER ROAD, WILMINGTON, NC, 28412

  Registry ID: 110040900665

• FLINT HILLS RESOURCES LP

  3334 RIVER ROAD, WILMINGTON, NC, 28412

  Registry ID: 110040900665

• FLINT HILLS RESOURCES LP

  3334 RIVER ROAD, WILMINGTON, NC, 28412

  Registry ID: 110040900665

Statutes cited

• EPCRA 313 — Toxic Chemical Release Reporting (TRI)
• RCRA 3002 — Standards Applicable to Generators of Hazardous Waste
• CAA 112 — Hazardous Air Pollutants

Enforcement conclusions (1)

• FLINT HILL RESOURCES LP/KOCH PETROLEUM GROUP (NOD)entered 2004-02-12

  Primary law: CAA

Timeline (3 milestones)

• 2004-02-12Final Order Issued
• 2004-02-12Enforcement Action Closed
• 2004-04-07Enforcement Action Data Entered