EPA v. CLARK REFINING & MARKETING, INC.

Case summary

THIS IS A MULTI-MEDIA REFERRAL AGAINST AN OIL REFINERY IN AN ENVIRONMENTAL JUSTICE COMMUNITY NEAR CHICAGO, IL. NEIC HAS CONDUCTED A MULTI-MEDIA INSPECTION AT THE FACILITY UNDER WHICH CONCERNED SIGNIFICANT VIOLATIONS UNDER THE CLEAN AIR ACT (LDAR, BENZENE NESHAP & NSPS) AND THE CLEAN WATER ACT (PRETREATMENT AND SECTION 311 VIOLATIONS). THE REFINERY CEASED OPERATIONS IN JANUARY OF 2001. THE PARTIES HAVE REACHED A SETTLEMENT IN PRINCIPAL. A CONSENT DECREE HAS BEEN NEGOTIATED. This case was commenced against an operating oil refinery in Blue Island, Illinois. NEIC performed a multi-media inspection. A 35-count complaint was filed against the company under 5 separate statutes on September 9, 1998. The primary allegations involved the Clean Air Act and Clean Water Act. During ongoing settlement discussions the company undertook numerous activities at the refinery to come into compliance. The Company closed the refinery in January of 2000, thus mooting some of the injunctive relief which would otherwise have been required. This settlement recoups economic benefit and includes a substantial gravity-based penalty. It also provides that ongoing operations at the facility (i.e. tank farm) will be controlled through new permits which the company will be required to obtain.

Defendants (1)

• CLARK REFINING & MARKETING, INC.Named in settlement

Facilities (1)

• PREMCOR REFINING GROUP

  13100 SOUTH KEDZIE AVENUE, BLUE ISLAND, IL, 60406

  Registry ID: 110015788067

Statutes cited

• CAA 111 — New Source Performance Standards
• CWA 301/307 — Effluent Limitations - NPDES Toxic & Pretreatment Effluent Standards
• CWA 311 — Oil and Hazardous Substance Liability
• RCRA 3008 — Res Conserv & Rec Act
• EPCRA 304 — Emergency Release Notification Section 313 Program
• CERCLA 103A — Notification of Hazardous Reportable Quantity Release
• CAA 112 — Hazardous Air Pollutants
• CWA 301 — NPDES Discharge without a Permit
• CAA 110 — Implementation Plan for National Primary and Secondary Ambient Air Quality Standards

Enforcement conclusions (1)

• USA & the People of the State of Illinois v. The Pentered 2002-06-12

  Primary law: CAA

  Federal penalty: $3,125,000 · State/local: $3,125,000

Timeline (7 milestones)

• 1997-09-26Referred To Dept Of Justice
• 1997-09-26Referred TO U.S. Attorney
• 1997-10-14Enforcement Action Data Entered
• 1998-09-09Complaint Filed With Court
• 2002-04-01Final Order Lodged
• 2002-06-12Final Order Entered
• 2002-06-12Enforcement Action Closed