EPA v. CHEVRON PRODUCTS COMPANY

Case summary

5/29/2012 - CONSENT AGREEMENT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $23,010 (CERCLA VIOLATION - $15,795 AND EPCRA VIOLATION - $7,215). RESPONDENT SHALL MAKE PAYMENT WITHIN THIRTY DAYS. EPA'S ALLEGATIONS OF VIOLATIONS: VIOLATION OF SECTION 103(a) OF CERCLA ON APRIL 30, 2010, RESPONDENT HAD A RELEASE OF HYDROGEN SULFIDE ABOVE THE RQ AT THE FACILITY. ON FEBRUARY 11, 2011, RESPONDENT HAD A RELEASE OF DISSOLVED AIR FLOTATION (K048) ABOVE THE RQ AT THE FACILITY. ON APRIL 17, 2011, RESPONDENT HAD A RELEASE HAD A RELEASE OF NITROGEN OXIDES ABOVE THE RQ AT THE FACILITY. EPA ALLEGES THAT RESPONDENT VIOLATED THE NOTIFICATION REQUIREMENTS OF SECTION 103(a) OF CERCLA, AND THE APPLICABLE CERCLA REGULATIONS, 40 C.F.R. SECTION 302.6, BY FAILING TO IMMEDIATELY NOTIFY THE NRC AS SOON AS RESPONDENT HAD KNOWLEDGE OF RELEASES OF HYDROGEN SULFIDE, DISSOLVED AIR FLOTATION WATER (K048), AND NITROGEN OXIDES AN AMOUNT EQUAL TO OR GREATER THAN ITS RQ AT RESPONDENT'S FACILITY. VIOLATION OF SECTION 304(a) OF EPCRA ON APRIL 30, 2010, RESPONDENT HAD A RELEASE OF HYDROGEN SULFIDE ABOVE THE RQ AT THE FACILITY. ON MAY 1, 2010, RESPONDENT HAD A RELEASE OF SULFUR DIOXIDE ABOVE THE RQ AT THE FACILITY. EPA ALLEGES THAT THE RELEASES RESULTED IN THE POTENTIAL FOR EXPOSURE TO PERSONS BEYOND THE SITE OR SITES ON WHICH THE FACILITY IS LOCATED. EPA ALLEGES THAT RESPONDENT VIOLATED THE NOTIFICATION REQUIREMENTS OF SECTION 304(a) OF EPCRA, BY FAILING TO IMMEDIATELY NOTIFY THE SERC AND LEPC AS AS RESPONDENT HAD KNOWLEDGE OF THE RELEASE OF HYDROGEN SULFIDE AND SULFUR DIOXIDE IN AN AMOUNT EQUAL TO OR GREATER THAN THE RQ AT RESPONDENT'S FACILITY.

Defendants (1)

• CHEVRON PRODUCTS COMPANYNamed in complaintNamed in settlement

Facilities (6)

• CHEVRON PRODUCTS COMPANY PASCAGOULA REFINERY

  250 INDUSTRIAL ROAD, PASCAGOULA, MS, 395813201

  Registry ID: 110000377477

• CHEVRON PRODUCTS COMPANY PASCAGOULA REFINERY

  250 INDUSTRIAL ROAD, PASCAGOULA, MS, 395813201

  Registry ID: 110000377477

• CHEVRON PRODUCTS COMPANY PASCAGOULA REFINERY

  250 INDUSTRIAL ROAD, PASCAGOULA, MS, 395813201

  Registry ID: 110000377477

• CHEVRON PRODUCTS COMPANY PASCAGOULA REFINERY

  250 INDUSTRIAL ROAD, PASCAGOULA, MS, 395813201

  Registry ID: 110000377477

• CHEVRON PRODUCTS COMPANY PASCAGOULA REFINERY

  250 INDUSTRIAL ROAD, PASCAGOULA, MS, 395813201

  Registry ID: 110000377477

• CHEVRON PRODUCTS COMPANY PASCAGOULA REFINERY

  250 INDUSTRIAL ROAD, PASCAGOULA, MS, 395813201

  Registry ID: 110000377477

Statutes cited

• CERCLA 103A — Notification of Hazardous Reportable Quantity Release
• EPCRA 304 — Emergency Release Notification Section 313 Program

Enforcement conclusions (1)

• CHEVRON PRODUCTS COMPANYentered 2012-05-29

  Primary law: EPCRA

  Federal penalty: $23,010

Timeline (4 milestones)

• 2012-05-29Complaint Filed/Proposed Order
• 2012-05-29Final Order Issued
• 2012-06-05Enforcement Action Data Entered
• 2012-06-26Enforcement Action Closed