EPA v. CONOCO PIPELINE COMPANY

Case summary

CASE SYNOPSIS: CONOCO PIPELNE COMPANY OWNS AND OPERATES A PETROLEUM LIQUID STORAGE AND DISTRIBUTION FACILITY IN DEL CITY, OK. THE FACILITY RECEIVES FUELS BY PIPELINE, STORES THE FUELS IN TANKS, AND DISTRIBUTES THE FUELS TO TANK TRUCKS. FUELS THUS HANDLED INCLUDE GASOLINES AND JET AIRCRAFT FUELS. * THREE FUEL STORAGE TANKS ARE INVOLVED IN THIS ACTION AND HAVE BEEN IDENTIFIED BY CONOCO AS TANKS 103, 105, AND 108. THESE STORAGE TANKS, RESPECIVELY, ARE SUBJECT TO: THE STANDARDS OF PERFORMANCE FOR STORAGE VESSELS FOR PETROLEUM LIQUIDS FOR WHICH CONSTRUCTION, RECONSTRUCTION, OR MODIFI- CATION COMMENCED AFTER JUNE 11, 1973 AND PRIOR TO MAY 19, 1978; THE STANDARDS OF PERFORMANCE FOR STORAGE VESSELS FOR PETROLEUM LIQUID FOR WHICH CONSTRUCTION, RECONSTRUCTION OR MODIFICATION COMMENTED AFTER MAY 18, 1978, AND PRIOR TO JULY 23, 1984; AND THE STANDARDS OF PERFORMANCE FOR VOLATILE ORGANIC LIQUID STORAGE VESSELS FOR WHICH CONSTRUCTION, RECONSTRUCTION, OR MODIFICATION COMMENCED AFTER JULY 24, 1984. * AN EPA INSPECTION PERFORMED AT THE CONOCO FACILITY ON APRIL 7, 1988, NOTED THAT CONOCO OPERATES THE THREE STORAGE TANKS IN VIOLATION OF THE APPLICABLE NEW SOURCE PERFORMANCE STAN- DARDS. EPA SENT A LETTER TO CONOCO, UNDER SECTION 113 AND 114 OF THE CAA ON JUNE 30, 1988, TO ADDRESS THE VIOLATIONS AND TO PROVIDE MORE SPECIFIC INFORMATION REGARDING FACILITY OPERATIONS. * THE VIOLATIONS OCCURRING AT CONOCO'S DEL CITY FACILITY WERE FURTHER DOCUMENTED BY CONOCO'S RESPONSES TO EPA'S JUNE 30, 1988, LETTER. NOTIFICATION VIOLATIONS WERE ADDRESSED THROUGH THE AO DATED JUNE 30, 1988. CONOCO NOTIFIED EPA ON AUGUST 10, 1988, THAT IT WOULD NOT LIKE AN ENFORCEMENT CON- FERENCE ON THE VIOLATION SET FORTH IN THE AO. CONOCO ALSO IDENTIFIED EMISSION CONTROL VIOLATIONS OF NSPS SUBPART KB, WHICH HAVE BEEN CORRECTED AT THIS TIME. EPA REQUESTS THAT CONOCO BE REQUIRED TO PAY A PENALTY FOR VIOLATION OF THE NSPS REQUIREMENTS.

Defendants (1)

• CONOCO PIPELINE COMPANYNamed in complaintNamed in settlement

Facilities (2)

• CONOCO PIPE LINE COMPANY OK CITY PRODUCTS TE

  4700 NE 10TH ST, OKLAHOMA CITY, OK, 73111

  Registry ID: 110024410699

• CONOCO PIPE LINE COMPANY OK CITY PRODUCTS TE

  4700 NE 10TH ST, OKLAHOMA CITY, OK, 73111

  Registry ID: 110024410699

Statutes cited

• CAA 111 — New Source Performance Standards

Enforcement conclusions (1)

• CONOCO PIPE LINE COMPANYentered 1990-08-28

  Primary law: CAA

  Federal penalty: $69,995

Timeline (7 milestones)

• 1988-09-30Enforcement Action Data Entered
• 1988-09-30Referred To Dept Of Justice
• 1989-02-28Complaint Filed With Court
• 1990-08-28Final Order Lodged
• 1990-08-28Final Order Entered
• 1990-08-28Concluded
• 1990-09-14Enforcement Action Closed