EPA v. VALERO REFINING COMPANY - TENNESSEE LLC

Case summary

9/12/2024 - CONSENT AGREEMENT AND FINAL ORDER ISSUED ASSESSING A PENALTY OF $225,000 DUE WITHIN 30 DAYS AFTER THE EFFECTIVE DATE OF THIS CAFO. ALLEGED VIOLATIONS: ON MARCH 24, 2022, THE EPA SENT RESPONDENT A NOTICE OF INSPECTION PURSUANT TO SECTION LL(A) OF TSCA, 15 U.S.C. ? 2610(A), NOTIFYING RESPONDENT THAT THE EPA WOULD BE CONDUCTING AN INSPECTION OF RESPONDENT'S FACILITY TO DETERMINE ITS COMPLIANCE WITH TSCA. PURSUANT TO A REQUEST IN THE NOTICE, RESPONDENT SUBMITTED CERTAIN RECORDS TO THE EPA PRIOR TO THE INSPECTION PERTAINING TO ITS IMPORT AND/OR MANUFACTURE OF CHEMICALS DURING THE YEARS 2016-2019. ON APRIL 20, 2022, AN AUTHORIZED EPA INSPECTOR CONDUCTED THE INSPECTION OF RESPONDENT'S FACILITY. BASED ON A REVIEW OF THE RECORDS SUBMITTED BY RESPONDENT, THE EPA IDENTIFIED POTENTIAL VIOLATIONS OF THE CDR REQUIREMENTS. ON OCTOBER 10, 2023, THE EPA ISSUED RESPONDENT AN OPPORTUNITY TO SHOW CAUSE LETTER SETTING FORTH THE POTENTIAL VIOLATIONS. BASED ON THE EPA'S REVIEW OF RESPONDENT'S RECORDS PROVIDED TO THE EPA, THE EPA ALLEGES THAT RESPONDENT VIOLATED TSCA SECTION 8 AND 40 C.F.R. ? 711.15{B)(3)(III), BY FAILING TO REPORT TOTAL ANNUAL VOLUMES OF CHEMICALS A THROUGH Z FOR CALENDAR YEARS 2016, 2017, AND 2018 WITHIN THE 2020 CDR REPORT SUBMITTED BY RESPONDENT. FAILURE TO COMPLY WITH TSCA SECTION 8 AND ITS IMPLEMENTING REGULATIONS CONSTITUTES A VIOLATION OF TSCA SECTION 15, 15 U.S.C. ? 2614.

Defendants (1)

• VALERO REFINING COMPANY - TENNESSEE LLC,Named in complaintNamed in settlement

Facilities (1)

• VALERO MEMPHIS REFINERY

  585 WEST MALLORY AVENUE, MEMPHIS, TN, 38109

  Registry ID: 110030475885

Statutes cited

• TSCA 8 — Reporting & Retention of Information

Enforcement conclusions (1)

• VALERO REFINING COMPANY - TENNESSEE LLCentered 2024-09-12

  Primary law: TSCA

  Federal penalty: $225,000

Timeline (4 milestones)

• 2024-09-12Complaint Filed/Proposed Order
• 2024-09-12Final Order Issued
• 2024-09-20Enforcement Action Data Entered
• 2024-10-12Enforcement Action Closed