EPA v. CONOCOPHILLIPS COMPANY

Case summary

The Phillips 66 Wood River Refinery (P66) is subject to a 2005 Consent Decree, but EPA alleges that it has not been able to fully comply with all of the Decree requirements. Specifically, EPA has alleged that P66 has had significant downtime of continuous emissions monitoring systems (CEMS) required by the 2005 Decree. Additionally, EPA alleged violations pertaining to the Leak Detection and Repair (LDAR) requirements, the requirements of the Benzene Waste Operations NESHAP (BWON), and the operation of the Refinery's flares. The proposed settlement addresses all of the identified issues. P66 is spend approximately $11 million to comply with the requirements of this settlement. Under the settlement, P66 will (1) undertake flaring minimization and efficiency measures, including early implementation of the requirements under Part 63, Subpart CC, related to flaring; (2) implement improvements to its BWON program that will improve compliance with the BWON regulations and reduce VOC emissions, including benzene emissions; (3) implement improvements to its LDAR program that will improve compliance with the LDAR regulations and reduce VOC emissions; (4) develop and implement an operation and maintenance plan to improve operations of CEMS; (5) pay a civil penalty of $475,000 and stipulated penalties of $515,000 (the State of Illinois will receive $60,000 of the civil penalty and $257,500 of the stipulated penalty); and (6) perform a $500,000 SEP to abate lead hazards in low-income residential properties and private day care centers to reduce childhood lead poisoning in communities with high percentages of lead-poisoned children in counties near the Refinery.

Defendants (1)

• CONOCOPHILLIPS COMPANYNamed in complaintNamed in settlement

Facilities (1)

• WRB REFINING LP WOOD RIVER REFINERY

  900 S CENTRAL AVE, ROXANA, IL, 62084-1337

  Registry ID: 110041962873

Statutes cited

• CAA 112 — Hazardous Air Pollutants
• CAA 112D — MACT Standards
• CAA 110 — Implementation Plan for National Primary and Secondary Ambient Air Quality Standards
• CAA 111 — New Source Performance Standards

Enforcement conclusions (1)

• CONOCOPHILLIPS COMPANYentered 2019-04-04

  Primary law: CAA

  Federal penalty: $415,000 · State/local: $60,000 · SEP: $500,000

Timeline (10 milestones)

• 2012-03-29Referred To Dept Of Justice
• 2012-04-06Enforcement Action Data Entered
• 2012-09-21Supplemental Referral-Other
• 2015-05-01Supplemental Referral-Other
• 2015-06-17Supplemental Referral-Adding parties, counts
• 2018-08-10Complaint Filed With Court
• 2018-08-10Final Order Lodged
• 2019-04-04Final Order Entered
• 2022-09-22Supplemental Referral-Adding parties, counts
• 2024-06-28Supplemental Referral-Adding parties, counts