EPA v. MARATHON ASHLAND PETROLEUM COMPANY (NATIONAL CASE) (LEAD)

Case summary

The U.S. Environmental Protection Agency (EPA) and the Department of Justice today announced an agreement with Ohio-based Marathon Petroleum Company (MP) that will reduce air pollution from the company's petroleum refineries in Illinois, Kentucky, Louisiana, Michigan and Ohio. Marathon will spend $319 million to install state-of-the-art Flare Gas Recovery Systems (FGRSs), which will capture and recycle gases that would otherwise be sent to combustion devices known as flares. MP will also spend $15.55 million on projects to reduce air pollution at three of the facilities and will pay a civil penalty of $326,500 to the United States.The settlement filed today in the U.S. District Court in Detroit amends a 2012 consent decree involving the company's flares. When fully implemented, today's agreement is expected to reduce harmful air pollutants like volatile organic compounds (VOCs), sulfur dioxides (SO2) and nitrogen oxides (NOx) by approximately 1,037 tons per year. In 2012, MP agreed to reduce air pollution from flares by generating less waste gas and by installing equipment designed to make flares burn more efficiently. The 2012 settlement has reduced emissions of VOCs and SO2 by over 5,200 tons per year. Under the agreement filed today, MP will install seven FGRSs at an estimated cost of $319 million at five of its refineries located in Canton, Ohio; Catlettsburg, Ky.; Detroit; Garyville, La.; and Robinson, Ill. Marathon will be required to operate these FGRSs at a higher percentage of time than EPA has ever secured in prior enforcement actions. MP will also maintain two duplicates of a critical spare part to be delivered immediately to any of these refineries as necessary, to help make sure the FGRSs have minimal downtime. MP will also spend approximately $6 million to shut down a flare at the fence line of its Detroit refinery and $9.55 million on projects to reduce NOx emissions at its Canton and Garyville refineries.

Defendants (1)

• MARATHON ASHLAND PETROLEUM COMPANYNamed in complaintNamed in settlement

Facilities (3)

• MARATHON PETROLEUM CO LLC

  400 MARATHON AVE, ROBINSON, IL, 62454-3400

  Registry ID: 110000439428

• MARATHON PETROLEUM COMPANY LLC CANTON REFINERY

  2408 GAMBRINUS AVENUE SW, CANTON, OH, 44706

  Registry ID: 110000493555

• MARATHON PETROLEUM COMPANY LP

  1001 SOUTH OAKWOOD, DETROIT, MI, 48217

  Registry ID: 110000554828

Statutes cited

• EPCRA 304 — Emergency Release Notification Section 313 Program
• CERCLA 103A — Notification of Hazardous Reportable Quantity Release
• CAA 111 — New Source Performance Standards
• CAA 112D — MACT Standards

Enforcement conclusions (2)

• MARATHON ASHLAND PETROLEUM COMPANY (NATIONAL CASE) (LEAD)entered 2012-08-30

  Primary law: CAA

  Federal penalty: $230,000

• MARATHON ASHLAND PETROLEUM COMPANY (NATIONAL CASE) (LEAD)entered 2016-09-15

  Primary law: CAA

  Federal penalty: $244,875

Timeline (7 milestones)

• 2009-09-25Referred To Dept Of Justice
• 2009-10-01Enforcement Action Data Entered
• 2012-04-05Complaint Filed With Court
• 2012-04-05Public Comment on CD if required
• 2014-09-30Supplemental Referral to DOJ for Consent Decree Enforcement-Sent
• 2016-06-09Final Order Lodged
• 2016-09-15Final Order Entered