EPA v. PHILLIPS PIPELINE CO., EAST ST. LOUIS TERMINAL

Case summary

Phillips owns and operates a gasoline facility known as the East St. Louis Terminal which is located at 3300 Mississippi Avenue in Cahokia, Illinois. Phillips' facility is a bulk gasoline terminal and is subject to the requirements of the National Emission Standards for Hazardous Air Pollutants (NESHAP) for Gasoline Distribution Facilities (40 C.F.R. Part 63, Subpart R). Phillips' facility receives gasoline by pipeline and has a gasoline throughput greater than 75,700 liters per day. On September 12, 2002, U.S. EPA issued a Notice of Intent to File (NOIF) Civil Administrative Complaint letter to Phillips. The NOIF letter informed Phillips that U.S. EPA was planning on filing an administrative complaint for a civil penalty of $221,118 by September 30, 2002. Specifically, U.S. EPA alleged that Phillips violated Section 63.423 of the NESHAP for Gasoline Distribution Facilities by failing to equip gasoline storage Tank 2001 according to the requirements of 40 C.F.R. �� 60.112b(a)(1)(ii). On September 26, 2002, an administrative penalty order (APO) was filed with the Regional Hearing Clerk. The APO proposed a civil penalty of $140,570 against Phillips for the following violation: From December 15, 1997 to October 1, 2001, Phillips failed to equip gasoline storage Tank 2001 with a design capacity greater than or equal to 75 m3 according to the requirements of 40 C.F.R. 60.112b(a)(1)(ii), which constitutes a violation of 40 C.F.R. �� 63.423(a). On November 25, 2002,a Consent Agreement and Final Order (CAFO) was filed with the Regional Hearing Clerk to settle the violation alleged in the APO. In the CAFO, Phillips certified that it is complying fully with the NESHAP for Gasoline Distribution Facilities, and Phillips agreed to pay a penalty of $46,380.50 and complete the following SEP: No later than April 1, 2003, Phillips will install an electric catalytic oxidizer on its Soil Vapor Extraction System to reduce HAP emissions by 0.58 tons and VOC emissions by 23.1 tons over a three-year period. Phillips must continuously use or operate the catalytic oxidizer for 3 years following its installation, and spend approximately $109,000 for purchase and installation and $71,885 for operation each year. Phillips must submit a SEP completion report to U.S. EPA within 60 days after completion of the SEP.

Defendants (1)

• PHILLIPS PIPELINE CO., EAST ST. LOUIS TERMINALNamed in complaintNamed in settlement

Facilities (1)

• PHILLIPS 66 PIPELINE LLC

  3300 MISSISSIPPI AVE, CAHOKIA, IL, 62206-1048

  Registry ID: 110063232782

Statutes cited

• CAA 112 — Hazardous Air Pollutants

Enforcement conclusions (1)

• PHILLIPS PIPELINE CO., EAST ST. LOUIS TERMINALentered 2002-11-25

  Primary law: CAA

  Federal penalty: $46,381 · SEP: $182,387

Timeline (3 milestones)

• 2002-09-26Complaint Filed/Proposed Order
• 2002-10-07Enforcement Action Data Entered
• 2002-11-25Final Order Issued