EPA v. MARATHON OIL COMPANY

Case summary

BY THIS LETTER, THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY(U.S. EPA ) IS TRANSMITTING TO THE DEPARTMENT OF JUSTICE A LITIGATIONREPORT THAT DOCUMENTS VIOLATIONS OF THE CLEAN AIR ACT, 42 U.S C.SECTION 7401 ET SEQ., BY MARATHON OIL COMPANY . MARATHON, THROUGH ITSOWNERSHIP AN OPERATION OF A PETROLEUM REFINERY LOCATED IN ROBINSON,ILLINOIS (REFINERY) , HAS VIOLATED THE CLEAN WATER ACT AND THE STATE OFILLINOIS IMPLEMENTATION PLAN (SIP) RULES GOVERNING OPERATION ANDLIMITING OPACITY AND PARTICULAR MATTER EMISSIONS. ON MARCH 2, 1994, U.S. EPA ISSUED A NOTICE OF VIOLATION (NOV) TOMARATHON FOR THREE VIOLATIONS AT ITS FLUIDS CATALYTIC CRACKINGUNIT-CARBON MONOXIDE BOILER (FCCU-CO BOILER). FIRST, MARATHON EXCEEDEDPARTICULATE EMISSIONS DURING A MAY 12, 1993, STACK TEST, IN VIOLATION OFILLINOIS SIP RULE 212.381 WHICH PROHIBITS THE EMISSION OF PARTICULATEMATTER FROM CATALYST REGENERATORS OF FCCUS IN EXCESS OF AN EMISSION RATEBASED ON THE WEIGHT OF MATERIAL PROCESSED BY THE SOURCE PER HOUR.SECOND, MARATHON EXCEEDED PARTICULATE EMISSION LIMITS AND OPACITY LIMITSAT ITS FCCU-CO BOILER DURING AN AUGUST 4 AND 5, 1993, STACK TEST, INVIOLATION OF ILLINOIS SIP RULES 212.381 AND 212.123. ILLIONIS SIP RULE212.123 REGULATES VISIBLE EMISSIONS OF PARTICULATES MATTER BYPROHIBITING THE DISCHARGE INTO THE ATMOSPHERE FROM ANY SINGLE SOURCE OFEMISSION OF ANY AIR CONTAMINANT OF A SHADE OF DENSITY EQUAL TO ORGREATER THAN THIRTY PERCENT OPACITY. THIRD, MARATHON CONTINUED TOOPERATE THE FCCU-CO BOILER WITHOUT A VALID OPERATING PERMIT ON ANDAFTER FEBRUARY 1, 1994, IN VIOLATION OF ILLINOIS SIP RULE 201.144, WHICHPROHIBITS THE OPERATION OF ANY EXISTING EMISSION SOURCE WITHOUT ANOPERATING PERMIT. THE ENCLOSED LITIGATION REPORT SUMMARIZES THE EVIDENCE SUPPORTINGTHESE SIP VIOLATIONS. THE CORE INFORMATION DOCUMENTS ARE LISTED AT THECONCLUSION OF THE LITIGATION REPORT, AND ARE ENCLOSED AS ATTACHMENTS TOTHE LITIGATION REPORT. WITNESSES ARE IDENTIFIED AT PAGE 21. REGION'SPENALTY ANALYSIS FOR SETTLEMENT PURPOSES IS SET FORTH AT PAGE 18 OF THELITIGATION REPORT. REGION 5 RECOMMENDS A BOTTOM-LINE SETTLEMENT OF$2,115,000. ALTHOUGH A MEETING WITH MARATHON WAS HELD ON APRIL 25, 1994 TODISCUSS THE SECOND MARCH 2, 1994, NOV ISSUED TO MARATHON, U.S. EPA HASNOT ENGAGED PRE-FILING NEGOTAITIONS WITH MARATHON. THIS REFERRAL IS SIGNIFICANT BECAUSE IT IS PART OF A REGIONALINITIATIVE OF REGION'S REFINERY WORKGROUP WHICH IS EVALUATING FCCUS ATALL REFINERIES IN REGION 5.

Defendants (1)

• MARATHON OIL COMPANYNamed in settlement

Facilities (1)

• MARATHON PETROLEUM COMPANY LLC

  100 MARATHON AVE., ROBINSON, IL, 62454

  Registry ID: 110000439428

Statutes cited

• EPCRA 304 — Emergency Release Notification Section 313 Program
• CAA 113 — Clean Air Act

Enforcement conclusions (1)

• MARATHON OIL COMPANYentered 1998-04-02

  Primary law: CAA

  Federal penalty: $75,000

Timeline (7 milestones)

• 1994-03-02Enforcement Action Data Entered
• 1994-09-22Referred To Dept Of Justice
• 1996-03-29Complaint Filed With Court
• 1998-03-02Final Order Lodged
• 1998-04-02Concluded
• 1998-04-02Final Order Entered
• 1998-04-02Enforcement Action Closed