EPA v. CATLETTSBURG REFINING, LLC aka MARATHON ASHLAND (NATIONAL CASE)

Case summary

CATLETTSBURG VIOLATED THE TERMS OF THE CD AND THE BENZENE NESHAP STANDARDS AT 40 CFR PART 61 SUBPART FF. CATLETTSBURG IS A SUBSIDIARY OF MARATHON PETROLEUM CO., WHO SIGNED A GLOBAL CONSENT DECREE IN 2001 UNDER THE NAME OF MARATHON ASHLAND PETROLEUM FOR VIOLATIONS AT ITS 7 U.S. REFINERIES. CATLETTSBURG MUST INCLUDE ALL APPLICABLE BENZENE WASTE STREAMS IN THEIR TOTAL ANNUAL BENZENE QUANTITY AND MUST CONTROL ALL BENZENE OPERATION EMISSIONS TO 6 MG. SETTLEMENT IS PART OF THE NATIONAL PETROLEUM REFINERY INITIATIVE. ON JUNE 30, 2010, THE SECOND MODIFICATION TO THE NOV 2005 FIRST REVISED CD FOR U.S. v. MARATHON ASHLAND PETROLEUM, LLC, WAS ENTERED IN U.S. DISTRICT COURT FOR THE EASTERN DISTRICT OF MICHIGAN. THE MODIFICATION TO THE CD RESOLVES NEW VIOLATIONS OF THE NESHAP FOR BENZENE-CONTAINING WASTE OPERATIONS AT ITS FACILITIES IN CATLETTSBURG, KY AND CANTON, OH, AS WELL AS VIOLATIONS OF THE CD SIGNED BY MARATHON ASHLAND PETROLEUM ON BEHALF OF CATLETTSBURG AND CANTON IN AUGUST 2001. THE VIOLATIONS CONSIST OF NEWLY DISCOVERED VIOLATIONS AND VIOLATIONS OF THE CD THAT WERE NOT INCLUDED IN THE RELEASE FROM LIABILITY IN THE CD AND WERE NOT SUBJECT TO STIPULATED PENALTIES. THE MODIFICATION INCLUDES INJUNCTIVE RELIEF REQUIRING MARATHON TO ALL APPLICABLE BENZENE WASTE STREAMS TO THEIR TOTAL ANNUAL BENZENE QUANTITY AND CONTROL BENZENE WASTE OPERATION EMISSIONS TO 6 Mg. THE MODIFICATION ALSO INCLUDES A PENALTY IN THE AMOUNT OF $161,770 AND SEPs IN THE AMOUNT OF $525,000 FOR THE CATLETTSBURG FACILITY. THE MODIFICAITON WAS ENTERED AFTER A 30-DAY PUBLIC COMMENT PERIOD DURING WHICH THERE WERE NO COMMENTS.

Defendants (2)

• CATLETTSBURG REFINING, LLCNamed in settlement
• MARATHON ASHLAND PETROLEUM, LLCNamed in complaintNamed in settlement

Facilities (4)

• CATLETTSBURG REFINING LLC

  11631 US RT 23, CATLETTSBURG, KY, 41129

  Registry ID: 110008361263

• CATLETTSBURG REFINING LLC

  11631 US RT 23, CATLETTSBURG, KY, 41129

  Registry ID: 110008361263

• CATLETTSBURG REFINING LLC

  11631 US RT 23, CATLETTSBURG, KY, 41129

  Registry ID: 110008361263

• CATLETTSBURG REFINING LLC

  11631 US RT 23, CATLETTSBURG, KY, 41129

  Registry ID: 110008361263

Statutes cited

• CAA 112D — MACT Standards

Enforcement conclusions (1)

• CATLETTSBURG REFINING, LLC aka MARATHON ASHLAND (NATIONAL CASE) (04-2010-C017)entered 2010-06-30

  Primary law: CAA

  Federal penalty: $161,770 · SEP: $525,000

Timeline (8 milestones)

• 1999-09-29Referred To Dept Of Justice
• 2007-06-28Supplemental Referral to DOJ for Consent Decree Enforcement-Sent
• 2007-07-05Enforcement Action Data Entered
• 2009-03-19Complaint Filed With Court
• 2009-03-19Final Order Lodged
• 2010-06-30Final Order Entered
• 2010-06-30Concluded
• 2016-11-26Enforcement Action Closed