EPA v. SUN REFINING & MARKETING CO.

Case summary

RESPONDENT SUN REFINING AND MARKETING CO. OPERATES A RE- FINERY IN THE TOLEDO, OHIO SUBURB OF OREGON. THE COMPLAINT ALLEGED VIOLATION IN ONE COUNT OF THE OHIO STATE IMPLEMENTATION PLAN (SIP) FOR LIMITATION OF SULPHUR DIOXIDE EMISSIONS A VIOLATIONS IN FOUR COUNTS OF THE NAT- IONAL EMISSION STANDARDS FOR HAZARD AIR POLLUTANTS (NESHAP) FOR BENZENE. DURING 1993 AND 1994, FUEL-FIRED STEAM GENERATING UNITS AND TWO HEATERS THAT WERE OPERATED AT THE PLANT EMITTED AMOUNTS OF SULFUR DIOXIDE (2O2) EXCESS OF THAT ESTABLISHED BY THE OHIO SIP, IN VIOLATION OF 42 C.F.R. 1881 (B) (39) (XIV) (D). DURING AN INSPECTION OF THE FACILITY MADE FROM DECEMBER 01 THROUGH 05, 1997, U.S. EPA REPRESENTATIVES OBSERVED THAT THE WASTEWATER THREATMENT AND ITS COMPONENTS HAD SEVERAL UNSEALED OPENINGS AND INCOMPLETE SEALS ALLOWED BENZENE TO ESCAPE INTO THE ATMOSPHERE. THE OPERATION OF THE EQUIPMENT IN SUCH A CONDITION ITSELF CONSTITUTED A VIOLATION OF THE NESHAPS FOR BENZENE. IN ADDITION, THE FAILURE OF THE COMPANY TO NOTE THESE CONDITIONS INDICATED ITS FAILURE TO ADEQUATELY MONITOR, TEST, AND INSPECT ITS EQUIPMENT AND THUS MEANT THAT SUN HAD SUBMITTED AN UNKNOWN NUMBER OF ERRONEOUS REPORTS CONCERNING THIS EQUIPMENT TO U.S. EPA PRIOR THE DECEMBER 1997 INSPECTION. THESE OBSERVATIONS WOULD CON- STITUTE VIOLATIONS OF CAA 112 (F) (4). SUN'S PARENT, SUN COMPANY, INC., MAINTAINS CORPORATE OFFICES IN PHILADELPHIS, PA.

Defendants (1)

• SUN REFINING & MARKETING CO.

Facilities (1)

• WAUCONDA SAND & GRAVEL

  BONNER & GARLAND RD, WAUCONDA, IL, 60084

  Registry ID: 110009327022

Statutes cited

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

Enforcement conclusions (1)

• **PROPOSED SETTLEMENT**

  Primary law: CAA

Timeline (4 milestones)

• 1994-10-01Complaint Filed/Proposed Order
• 1995-06-30Enforcement Action Data Entered
• 1995-07-18Final Order Issued
• 1995-07-18Enforcement Action Closed