EPA v. MARATHON PETROLEUM - APO/CAFO

Case summary

EPA entered into a Consent Agreement and Final Order (CAFO) with Cincinnati Renewable Fuels LLC (CRF) located in Cincinnati, Ohio to resolve violations of the National Emission Standards for Hazardous Air Pollutants (NESHAP) for Miscellaneous Chemical Manufacturing (MON) at 40 C.F.R. Part 63, Subpart FFFF, Standards of Performance (NSPS) for Equipment Leaks of Volatile Organic Compounds (VOC) in the Synthetic Organic Chemicals Manufacturing Industry (SOCMI) for Which Construction, Reconstruction, or Modification Commenced After November 7, 2006 at 40 C.F.R. Part 60, Subpart VV; NSPS for VOCs from SOCMI Distillation Operations at 40 C.F.R. Part 63, Subpart NNN; and NSPS for Volatile Organic Liquid Storage Vessels (Including Petroleum Liquid Storage Vessels) for Which Construction, Reconstruction, or Modification Commenced After July 23, 1984 at 40 C.F.R. Part 63, Subpart Kb. Specifically, CRF failed to comply with the following: NSPS Subpart Kb for a methanol tank; NSPS Subpart NNN for its distillation operations; NSPS Subpart VV for all equipment that is in VOC service; and with all applicable requirements of the MON. CRF has also agreed to the terms of an Administrative Consent Order that will be entered contemporaneously with the CAFO, and will require CRF to implement an enhanced leak detection and repair program that includes a facility-wide LDAR document, quarterly quality-assurance/quality-control of its LDAR program, and a one-time third-party LDAR audit. In addition to the enhanced LDAR program, CRF will comply with NESHAP Subpart FFFF and NSPS Subparts Kb and NNN as applicable to its affected facility This CAFO requires CRF to pay a penalty of $110,000, and resolves the finding of violation identified during an inspection on December 8, 2014 and a meeting in Region in September 2015.

Defendants (1)

• MARATHON PETROLEUMNamed in complaintNamed in settlement

Facilities (2)

• CINCINNATI RENEWABLE FUELS, LLC

  4700 ESTE AVENUE, CINCINNATI, OH, 45232

  Registry ID: 110042050240

• CINCINNATI RENEWABLE FUELS, LLC

  4700 ESTE AVENUE, CINCINNATI, OH, 45232

  Registry ID: 110042050240

Statutes cited

• CAA 112 — Hazardous Air Pollutants
• CAA 111 — New Source Performance Standards

Enforcement conclusions (1)

• MARATHON PETROLEUM - APO/CAFOentered 2016-10-17

  Primary law: CAA

  Federal penalty: $110,000 · SEP: $450,000

Timeline (3 milestones)

• 2016-10-17Complaint Filed/Proposed Order
• 2016-10-17Final Order Issued
• 2016-10-18Enforcement Action Data Entered