EPA v. PLACID REFINING COMPANY

Case summary

1. SECTIONS 111 AND 113 OF THE CLEAN AIR ACT, 42 U.S.C. SECS. 7411 AND 7413, AS AMENDED ( CAA ), AND SECTIONS 301 AND 402 OF THE CLEAN WATER ACT, U.S.C. SECS. 1311 AND 1342, AS AMENDED ( CWA ). 2. PLACID REFINING COMPANY CRUDE OIL REFINING PLANT 1940 LOUISIANA HWY. #1 NORTH PORT ALLEN, LOUISIANA 70767 3. THIS CASE IS PART OF A NUMBER OF REGIONAL AND NATIONAL ENFORCEMENT INITIATIVES INCLUDING: MULTI-MEDIA ENFORCE- MENT AND THE BATON ROUGE/NEW ORLEANS CORRIDOR INITIATIVE. THIS MULTI-MEDIA CASE INVOLVES VIOLATIONS OF THE CLEAN AIR ACT NEW SOURCE PERFORMANCE STANDARDS (NSPS) AND THE CLEAN WATER ACT NATIONAL POLLUTION DISCHARGE ELIMINATION SYSTEM (NPDES) PERMIT AT THE PLACID REFINING COMPANY. AL- THOUGH NSPS IS DELEGATED TO THE STATE, THIS INSPECTION WAS MADE BY EPA, AND THE ENFORCEMENT ACTION IS APPROPRI- ATE FOR EPA. THE STATE, HOWEVER, DOES NOT HAVE AN AP- PROVED NPDES PROGRAM AND THEREFORE EPA RETAINS ENFORCE- MENT AUTHORITY OVER THE WATER VIOLATIONS IN THIS REFER- RAL. AT THIS 55,000 BARREL-A DAY- FACILITY, PLACID REFINES CRUDE OIL INTO JET FUEL, GASOLINE, PROPANE, AND OTHER SIMILAR PRODUCTS. SINCE PURCHASING THE FACILITY, PLACID HAS ADDED SEVERAL NEW PROCESS UNITS. THE MOST SERIOUS VIOLATION WAS THE FAILURE TO COMPLY WITH NSPS REQUIREMENTS REGARDING INSPECTIONS AND RECORDKEEPING AT ITS BULK GASOLINE TERMINAL. OTHER VIOLATIONS INVOLVE PERFORMANCE TESTING ITS FLARE, LEAKING VALVES AND RECORD KEEPING REQUIREMENTS. PLACID HAS ALSO FAILED TO COMPLY WITH EFFLUENT LIMITA- TIONS FOR PH SET FORTH IN THE NPDES PERMIT AND PROCEDURAL AND REPORTING REQUIREMENTS. THE VIOLATIONS UPON WHICH THE ACTION IS BASED: CAA VIOLATIONS OF NSPS INVOLVING THE PROPER PERFORMANCE TESTING AND MONITORING OF THE FLARE, EQUIPMENT LEAKS OF VOC IN PETROLEUM REFINERIES AND THE OPERATION OF BULK GASOLINE TERMINALS. CWA VIOLATIONS OF NPDES EFFLUENT LIMITATIONS VIOLATIONS. 4. EPA REQUESTS A CIVIL PENALTY OF $1,291,427.00 ($1,283,427 FOR NSPS VIOLATIONS AND $8,000 FOR NPDES VIOLATIONS) AND AN INJUNCTION REQUIRING COMPLIANCE WITH THE NSPS REGULA- TIONS. 5. DATE REFERRAL WAS SIGNED BY RA AND SENT TO DOJ: 09/30/94. 6. TECHNICAL PERSONNEL FOR AIR IS GARRY MOKRY, X7233.

Defendants (1)

• PLACID REFINING COMPANYNamed in complaintNamed in settlement

Facilities (1)

• PLACID REFINING COMPANY

  1940 NORTH LOUISIANA HIGHWAY 1, PORT ALLEN, LA, 70767

  Registry ID: 110000449863

Statutes cited

• CAA 113 — Clean Air Act
• CAA 111 — New Source Performance Standards

Enforcement conclusions (1)

• PLACID REFINING CO.entered 1996-12-31

  Primary law: CAA

  Federal penalty: $200,000

Timeline (7 milestones)

• 1994-04-20Enforcement Action Data Entered
• 1994-09-30Referred To Dept Of Justice
• 1996-12-30Complaint Filed With Court
• 1996-12-31Final Order Lodged
• 1996-12-31Final Order Entered
• 1996-12-31Concluded
• 1997-01-14Enforcement Action Closed