EPA v. CATLETTSBURG REFINING, LLC

Case summary

11/16/17 - CONSENT AGREEMENT AND FINAL ORDER ISSUED, ASSESSING A TOTAL PENALTY OF $6,320 (CERCLA VIOLATION - $3,160, EPCRA VIOLATION - $3,160). RESPONDENT SHALL MAKE PAYMENT WITHIN THIRTY DAYS. RESPONDENT ALSO AGREES TO COMPLETE A SEP. VIOLATION OF CERCLA 103(a) ON DECEMBER 3, 2015, A RELEASE OF BENZENE ABOVE THE RQ OCCURRED AT THE FACILITY. THE EPA ALLEGES THAT RESPONDENT VIOLATED THE NOTIFICATION REQUIREMENTS OF 103(a) OF CERCLA, BY FAILING TO IMMEDIATELY NOTIFY THE NRC AS SOON AS RESPONDENT HAD KNOWLEDGE OF THE RELEASE OF BENZENE IN AN AMOUNT EQUAL TO OR GREATER THAN ITS RQ AT RESPONDENT'S FACILITY. VIOLATION OF SECTION 304(a) OF EPCRA ON DECEMBER 3, 2015, A RELEASE OF BENZENE ABOVE THE RQ OCCURRED AT THE FACILITY. THE EPA ALLEGES THAT THE RELEASE RESULTED IN THE POTENTIAL FOR EXPOSURE TO PERSONS BEYOND THE SITE OR SITES ON WHICH THE FACILITY IS LOCATED. THE EPA ALLEGES THAT RESPONDENT VIOLATED THE NOTIFICATION REQUIREMENTS OF SECTION 304(a) OF EPCRA, BY FAILING TO IMMEDIATELY NOTIFY THE SERC AND LEPC AS SOON AS RESPONDENT HAD KNOWLEDGE OF THE RELEASE OF BENZENE IN AN AMOUNT EQUAL TO OR GREATER THAN THE RQ AT RESPONDENT'S FACILITY.

Defendants (1)

• CATLETTSBURG REFINING, LLCNamed in complaintNamed in settlement

Facilities (4)

• CATLETTSBURG REFINING, LLC

  11631 US ROUTE 23, CATLETTSBURG, KY, 41129

  Registry ID: 110008361263

• CATLETTSBURG REFINING, LLC

  11631 US ROUTE 23, CATLETTSBURG, KY, 41129

  Registry ID: 110008361263

• CATLETTSBURG REFINING, LLC

  11631 US ROUTE 23, CATLETTSBURG, KY, 41129

  Registry ID: 110008361263

• CATLETTSBURG REFINING, LLC

  11631 US ROUTE 23, CATLETTSBURG, KY, 41129

  Registry ID: 110008361263

Statutes cited

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

Enforcement conclusions (1)

• CATLETTSBURG REFINING, LLCentered 2017-11-16

  Primary law: EPCRA

  Federal penalty: $6,320 · SEP: $31,644

Timeline (3 milestones)

• 2017-11-16Complaint Filed/Proposed Order
• 2017-11-16Final Order Issued
• 2017-12-06Enforcement Action Data Entered