EPA v. EXXON MOBIL CORPORATION (NATIONAL CASE)(LEAD)

Case summary

The United States and the State of Illinois will lodge a proposed Fourth Consent Decree Amendment (Consent Decree Amendment) in United States of America et al. v. ExxonMobil Oil Corporation, et al., Civil Action No. 05-C-5809 (N.D. Ill. Dec. 13, 2005) (2005 Consent Decree), for Violations of the 2005 Consent Decree and the Clean Air Act, 42 U.S.C. ?? 7401- 7671q (CAA), at the petroleum refinery owned and operated by ExxonMobil Oil Corporation (ExxonMobil) located near Joliet, Illinois (Joliet Refinery). The proposed Consent Decree Amendment pertains only to the Joliet Refinery and will terminate the 2005 Consent Decree upon entry as it pertains to the Joliet Refinery. The only requirements applicable to the Joliet Refinery after entry will be those requirements set forth in the proposed Consent Decree Amendment. On December 13, 2005, the Northern District of Illinois entered the Consent Decree between the United States, the States of Illinois, Louisiana, Montana, and Defendants ExxonMobil Corporation and ExxonMobil. Subsequently, at its Joliet Refinery, ExxonMobil violated the Consent Decree provisions relating to the following: Leak Detection and Repair (LDAR) requirements; requirements for use of continuous emission monitoring system (CEMS); requirements for control of sulfur pit emissions; and the prohibition on use of netting credits from emission reductions resulting from Consent Decree projects. In addition, ExxonMobil also violated the following provisions under the CAA: LDAR requirements outside of the scope of the Consent Decree; requirements for notification and testing of its storage vessels under New Source Performance Standards (NSPS), 40 C.F.R. Part 60, Subpart Kb, and the Prevention of Significant Deterioration (PSD) regulations. The Consent Decree Amendment addresses both the violations of the 2005 Consent Decree and the CAA. To address LDAR violations, ExxonMobil will update its LDAR program to include procedures for properly monitoring valves that are covered in insulation or that are located inside fireboxes. ExxonMobil will also use an optical gas imaging camera to monitor its open-ended lines for leaks. To address CEMS violations, ExxonMobil will develop a comprehensive plan for CEMS O&M to ensure implementation and compliance with regulatory requirements. In addition, ExxonMobil will conduct a root-cause analysis to determine the cause of any CEMS downtime in excess of 5% per semiannual period per CEMS and take corrective actions. To address sulfur pit venting, ExxonMobil will develop and maintain a comprehensive sulfur recovery plant (SRP) O&M Plan designed to ensure operation and maintenance of all sulfur pits at the Joliet Refinery. ExxonMobil will also accept NSPS Subpart Ja at the SRP. To address its improper use of netting credits, ExxonMobil will (1) meet limits at the fluid catalytic cracking unit of 15 ppm NOx on a 365-day average, 40 ppm NOx on a 7-day average, 10 ppm SO2 on a 365-day average and 50 ppm SO2 on a 7-day average; and (2) will meet a limit at the SRP of 80 ppm SO2 on a 365-day average. To address its violations of NSPS tank regulations, ExxonMobil has implemented new internal procedures to ensure timely and complete notifications and performance testing under NSPS Subpart Kb. ExxonMobil estimates that the above-described injunctive relief will reduce NOx emissions by 7.2 tons per year and SO2 by 9.4 tons per year. Further, ExxonMobil estimates that the cost of the injunctive relief will be up to $10 million. ExxonMobil will also pay civil and stipulated penalties in the amount of $1,515,463 ($1,096,363 in civil penalties and $419,100 in stipulated penalties for violations of the 2005 Consent Decree). Of this total, $428,828 will go to the State of Illinois.

Defendants (1)

• EXXON MOBIL CORPORATIONNamed in complaintNamed in settlement

Facilities (3)

• EXXON MOBIL OIL CORP

  25915 S FRONTAGE RD, CHANNAHON, IL, 60410-8723

  Registry ID: 110000595339

• EXXONMOBIL OIL CORPORATION

  25915 SOUTH FRONTAGE ROAD, CHANNAHON, IL, 60410

  Registry ID: 110000595339

• EXXONMOBIL OIL CORPORATION

  25915 S E FRONTAGE RD, JOLIET, IL, 60410

  Registry ID: 110064635113

Statutes cited

• CAA 112 — Hazardous Air Pollutants
• EPCRA 304 — Emergency Release Notification Section 313 Program
• RCRA 3005 — Permits for Treatment, Storage, or Disposal of Hazardous Waste
• CAA 165 — Prevention of Significant Deterioration (PSD)
• CAA 173 — New Source Review Permit Requirements
• CAA 112D — MACT Standards
• CAA 213 — Non-road Engines & Vehicles
• CWA 301 — NPDES Discharge without a Permit
• CERCLA 103A — Notification of Hazardous Reportable Quantity Release
• CAA 111 — New Source Performance Standards
• CAA 110 — Implementation Plan for National Primary and Secondary Ambient Air Quality Standards

Enforcement conclusions (3)

• EXXON MOBIL CORPORATION (NATIONAL CASE)entered 2009-01-27

  Primary law: CAA

• EXXON MOBIL CORPORATION (NATIONAL CASE)(LEAD)entered 2021-05-28

  Primary law: CAA

  Federal penalty: $1,086,640 · State/local: $428,823

• EXXON MOBIL CORPORATION (NATIONAL CASE)(LEAD)entered 2005-12-13

  Primary law: CAA

  Federal penalty: $779,089 · State/local: $650,000 · SEP: $2,200,000

Timeline (8 milestones)

• 2000-09-29Referred To Dept Of Justice
• 2000-10-18Enforcement Action Data Entered
• 2005-10-11Complaint Filed With Court
• 2006-09-21Supplemental Referral to DOJ for Consent Decree Enforcement-Sent
• 2021-03-25Supplemental Referral to DOJ for Consent Decree Enforcement-Sent
• 2021-04-13Final Order Lodged
• 2021-05-28Final Order Entered
• 2021-05-28NPDES Closed