EPA v. CLARK REFINING & MARKETING

Case summary

THE HARTFORD REFINERY IS A COKING REFINERY, WITH THE CAPACITY TO PROCESS 60,000 BARRELS OF HEAVY, SOUR CRUDE PER DAY. THE FLUID CATALYTIC CRACKING UNIT (FCCU) IS THE SUBJECT OF THE VIOLATIONS IN THIS REFERRAL. THE FCCU PROCESSES DIFFERENT FRACTIONS OF CRUDE OIL INTO GASOLINE. THE RESULTS OF THREE CONSECUTIVE STACK TESTS, CONDUCTED ON SEPTEMBER 9, 1993, FEBRUARY 8 AND MARCH 1, 1994, INDICATED VIOLATIONS OF THE PARTICULATE MATTER EMISSION LIMIT OF THE ILLINOIS SIP. A FOURTH STACK TEST, CONDUCTED ON MARCH 22, 1994, AFTER SOME EMERGENCY REPAIRS AND UNDER REDUCED OPERATING CONDITIONS, SHOWED COMPLIANCE WITH THE LIMIT. IN SEPTEMBER 1994, CLARK SHUT THE FCCU DOWN AND CONDUCTED EXTENSIVE REPAIRS TO THE NEW CYCLONES IN THE CATALYST REGENERATOR. CLARK CONDUCTED A FIFTH STACK TEST ON THE REPAIRED FCCU ON DECEMBER 9, 1994. THE RESULTS OF THAT STACK TEST SHOWED COMPLIANCE WITH THE SIP LIMIT. THE ILLINOIS SIP INCLUDES A PERMITTING RENEWAL RULE THAT REQUIRES AN APPLICATION TO BE FILED 90 DAYS PRIOR TO THE EXPIRATION OF THE EXISTING PERMIT. ON FEBRUARY 28, 1994, THE OPERATING PERMIT FOR THE FCCU EXPIRED. ON MARCH 9, 1994, PRIOR TO DEMONSTRATING COMPLIANCE WITH THE PARTICULATE EMISSION LIMIT, CLARK SUBMITTED ITS RENEWAL APPLICATION TO THE IEPA. AFTER THE OPERATING PERMIT EXPIRED ON FEBRUARY 28, 1994, CLARK CONTINUED TO OPERATE THE FCCU, IN VIOLATION OF THE SIP REGULATION THAT PROHIBITS THE OPERATION OF ANY EXISTING EMISSION SOURCE WITHOUT AN OPERATING PERMIT. ON APRIL 20, 1994, CLARK APPLIED FOR A CONSTRUCTION PERMIT TO REPLACE THE CYCLONES IN THE CATALYST REGENERATOR. IEPA ISSUED A CONSTRUCTION PERMIT TO CLARK ON JULY 8, 1994, ALLOWING THE OPERATION OF THE FCCU FOR 180 DAYS AFTER THE CYCLONES WERE REPLACED. CLARK HAS AN APPLICATION FOR A NEW OPERATING PERMIT PENDING WITH IEPA. BASED ON THE MOST RECENT STACK TEST RESULTS, A NEW OPERATING SHOULD BE ISSUED BY IEPA FOR THE FCCU.. THIS MATTER INVOLVES THE CLARK REFINING AND MARKETING, INC. PETROLEUM REFINERY IN HARTFORD, IL. THE CURRENT REFERRAL IS A SUPPLEMENTAL REFERRAL TO EXPAND UPON AND ADD TO AN EARLIE R REFERRAL TO THE DEPARTMENT OF JUSTICE. IN THE EARLIER REF ERRAL, THE AGENCY CITES CLARK FOR PARTICULATE EMISSION LIMI T VIOLATIONS AT THE REFINER'S FLUIDIZED CATALYTIC CRACKING U NIT (FCCU). THIS SUPPLEMENTAL REFERRAL ADDS ADDITIONAL VIOL ATIONS FO THE PARTICULATE MATTER EMMISSION LIMIT AT THE FCCU , BUT MORE IMPORTANTLY, THIS SUPPLEMENTAL REFERRAL EXPANDS O N THE EARLIER REFERRAL BY ALLEGING THAT CLARK VIOLATED THE R ULES RELATING TO THE PREVENTION OF SIGNIFICANT DETERIORATION (PSD). THE SOURCE OF THIS ALLEGATION IS THE FACT THAT CLARK HAS A MADE A NUMBER OF CHANGES TO ITS FCCU, INCREASING ITS EMISSIONS, WITHOUT FIRST OBTAINING A PSD PERMIT.

Defendants (2)

• CLARK A/K/A THE PREMCOR REFINING GROUP
• CLARK REFINING & MARKETINGNamed in settlement

Facilities (2)

• PREMCOR REFINING GROUP INCORPORATED

  201 EAST HAWTHORNE STREET, HARTFORD, IL, 62048

  Registry ID: 110040961705

• PREMCOR REFINING GROUP INCORPORATED

  201 EAST HAWTHORNE STREET, HARTFORD, IL, 62048

  Registry ID: 110040961705

Statutes cited

• CAA 110 — Implementation Plan for National Primary and Secondary Ambient Air Quality Standards

Enforcement conclusions (1)

• CLARK REFINING & MARKETINGentered 2001-09-24

  Primary law: CAA

  Federal penalty: $2,000,000

Timeline (6 milestones)

• 1994-06-03Enforcement Action Data Entered
• 1997-09-29Referred To Dept Of Justice
• 1999-02-04Complaint Filed With Court
• 2001-07-12Final Order Lodged
• 2001-09-24Final Order Entered
• 2001-09-24Enforcement Action Closed