EPA v. SHELL OIL COMPANY

Case summary

1. SECTION 113(D) OF THE CLEAN AIR ACT ( CAA ), AS AMENDED, 42 U.S.C. SEC. 7413(D). 2. SHELL OIL COMPANY KIMMINS ABATEMENT CORPORATION S & B ENGINEERS & CONSTRUCTORS PARSONS SIP INC. SHELL REFINERY (FACILITY) DEER PARK, TEXAS 3. RESPONDENTS VIOLATED SECTION 112 OF THE CAA BY 1) FAILING TO PROVIDE ADVANCE NOTIFICATION OF ASBESTOS REMOVAL, 2) FAILING TO ENSURE THAT STRIPPED OR REMOVED ABESTOS CON- TAINING MATERIALS REMAINS WET UNTIL COLLECTED AND CON- TAINED OR TREATED FOR DISPOSAL, AND 3) FAILING TO MARK VEHICLES USED TO TRANSPORT ASBESTOS-CONTAINING WASTE MA- TERIAL DURING THE LOADING AND UNLOADING SO THAT THE SIGNS ARE VISIBLE. 4. RELIEF SOUGHT PURSUANT TO SECTION 113(D) OF THE CAA, EPA PROPOSES A PENALTY OF $90,000.00. 5. THIS CASE IS UNIQUE IN THAT IT INVOLVES THE EXCAVATION OF ASBESTOS THAT WAS BURIED LONG AGO. SHELL AND ITS CONTRAC- TORS WILL ARGUE THAT THE ASBESTOS NESHAP IS NOT APPLIC- ABLE TO THIS ACTIVITY. REGIONAL COUNSEL DETERMINED THAT THIS ACTIVITY WAS SUBJECT PER MEMO OF JUN. 14, 1993. IN ADDITION, THIS ISSUE WAS CLEARLY NOTED IN THE REFERRAL PACKAGE TO DOJ. THE REFERRAL WAS REVIEWED BY OUR HEAD- QUARTERS' OFFICE OF ENFORCEMENT, AND THEY SAW NO LEGAL PROBLEMS PER MEMO OF MAR. 7, 1994. 6. THIS ACTION WAS ORIGINALLY A REFERRAL TO DOJ BECAUSE THE OLDEST VIOLATION (FAILURE TO NOTIFY 10 WORKING DAYS PRIOR TO START) WAS OVER 12 MONTHS WHEN APPLICABILITY WAS DE- TERMINED. THE VIOLATION WAS ALMOST A YEAR OLD AT THE TIME OF THE FIRST INSPECTION. THE DOJ ATTORNEY ASSIGNED TO THE REFERRAL CASE RECOMMEND- ED THAT IT BE HANDLED ADMINISTRATIVELY. REGION 6 SUBSE- QUENTLY REQUESTED AND RECEIVED A WAIVER OF THE TIME LIM- ITATION.

Defendants (4)

• KIMMINS ABATEMENT CORPORATIONNamed in complaint
• PARSONS SIP INC.Named in complaint
• S & B ENGINEERS & CONSTRUCTORSNamed in complaintNamed in settlement
• SHELL OIL COMPANYNamed in complaintNamed in settlement

Facilities (15)

• SHELL CHEMICAL COMPANY DEER PARK

  5900 HWY. 225, DEER PARK, TX, 77536

  Registry ID: 110031267064

• SHELL CHEMICAL COMPANY DEER PARK

  5900 HWY. 225, DEER PARK, TX, 77536

  Registry ID: 110031267064

• SHELL CHEMICAL COMPANY DEER PARK

  5900 HWY. 225, DEER PARK, TX, 77536

  Registry ID: 110031267064

• SHELL CHEMICAL COMPANY DEER PARK

  5900 HWY. 225, DEER PARK, TX, 77536

  Registry ID: 110031267064

• SHELL CHEMICAL COMPANY DEER PARK

  5900 HWY. 225, DEER PARK, TX, 77536

  Registry ID: 110031267064

• SHELL CHEMICAL COMPANY DEER PARK

  5900 HWY. 225, DEER PARK, TX, 77536

  Registry ID: 110031267064

• SHELL CHEMICAL COMPANY DEER PARK

  5900 HWY. 225, DEER PARK, TX, 77536

  Registry ID: 110031267064

• SHELL CHEMICAL COMPANY DEER PARK

  5900 HWY. 225, DEER PARK, TX, 77536

  Registry ID: 110031267064

• SHELL CHEMICAL COMPANY DEER PARK

  5900 HWY. 225, DEER PARK, TX, 77536

  Registry ID: 110031267064

• SHELL CHEMICAL COMPANY DEER PARK

  5900 HWY. 225, DEER PARK, TX, 77536

  Registry ID: 110031267064

• SHELL CHEMICAL COMPANY DEER PARK

  5900 HWY. 225, DEER PARK, TX, 77536

  Registry ID: 110031267064

• SHELL CHEMICAL COMPANY DEER PARK

  5900 HWY. 225, DEER PARK, TX, 77536

  Registry ID: 110031267064

• SHELL CHEMICAL COMPANY DEER PARK

  5900 HWY. 225, DEER PARK, TX, 77536

  Registry ID: 110031267064

• SHELL CHEMICAL COMPANY DEER PARK

  5900 HWY. 225, DEER PARK, TX, 77536

  Registry ID: 110031267064

• SHELL CHEMICAL COMPANY DEER PARK

  5900 HWY. 225, DEER PARK, TX, 77536

  Registry ID: 110031267064

Statutes cited

• CAA 112 — Hazardous Air Pollutants

Enforcement conclusions (1)

• SHELL OIL COMPANYentered 1997-01-31

  Primary law: CAA

  Federal penalty: $42,000

Timeline (5 milestones)

• 1995-03-28Enforcement Action Data Entered
• 1995-03-28Complaint Filed/Proposed Order
• 1997-01-31Final Order Issued
• 1997-02-25Compliance Achieved
• 1997-05-08Enforcement Action Closed