EPA v. HIGHWAY 71/72 REFINERY SITE (OLD CITGO REFINERY)

Case summary

1. SECTION 106(A) OF THE COMPREHENSIVE ENVIRONMENTAL RE- SPONSE, COMPENSATION, AND LIABILITY ACT ( CERCLA ), 42 U.S.C. SECTION 9606(A). 2. CANADIANOXY OFFSHORE PRODUCTION CO. 635 8TH AVE., S.W., SUITE 1500 CALGARY, ALBERTA, CANADA T2P3Z1 FACILITY: BOSSIER CITY, LOUISIANA (OLD CITGO SITE) 3. THE SITE IS LOCATED IN AN UNDEFUNED AREA OF APPROXIMATELY 215 ACRES IN BOSSIER CITY, LOUISIANA. A REFINERY OPERATED ON THE SITE FROM THE 1920'S UNTIL THE 1950'S. IN THE 1960'S, REFINERY EQUIPMENT WAS REMOVED FROM THE SITE, AND WASTE PITS WERE FILLED WITH SOIL. THE SITE WAS THEN DE- VELOPED FOR RESIDENTIAL AND COMMERCIAL USE. ON PARTS OF THE SITE, APARTMENT BUILDINGS HAVE BEEN EVACUATED DUE TO STRONG ORGANIC VAPORS. ON OCCASION, A HOTEL LOCATED ON THE SITE CANNOT USE THE FIRST FLOOR ROOMS DUE TO FUMES. AT LEAST ONE HOUSE ON THE SITE HAS HIGH CONCENTRATIONS OF BENZENE IN INDOOR AIR. TARRY SUBSTANCES OOZE OUT OF THE GROUND IN A HOTEL PARKING LOT, AND IN AT LEAST ONE RESI- DENTIAL DRIVEWAY. OPEN AREAS INCLUDING CHILDREN'S PLAY- GROUNDS IN MULTI-UNIT RESIDENTIAL AREAS ARE CONTAMINATED WITH HIGH LEVELS OF LEAD. THE SITE WAS PROPOSED FOR LISTING ON THE NATIONAL PRIORI- TIES LIST IN 1995. IN SEPT. 1995, REGION 6, THE LOUISIANA DEPT. OF ENVIRONMENTAL QUALITY (LDEQ), THE MAYOR OF BOS- SIER CITY, AND OXY ON BEHALF OF COPCO, ENTERED INTO A WRITTEN AGREEMENT IN PRINCIPLE (AIP) WHICH CALLED FOR THE PARTIES TO WORK TOWARD AN ADMINISTRATIVE ORDER OF CONSENT (AOC) UNDER WHICH COPCO/OXY WOULD CONDUCT A REMOVAL OF LEAD CONTAMINATED SOIL IN THE RESIDENTIAL AREAS OF THE SITE. NEGOTIATIONS TOWARD THE AOC WERE FRUITLESS, AND THE REGION DECIDED TO ISSUE THE UAO. IN ADDITION TO THE LEAD- CONTAMINATED SOIL, THERE IS OTHER REFINERY-RELATED CON- TAMINATION WHICH MUST BE ADDRESSED INCLUDING CONTAMINATED GROUNDWATER. 4. RELIEF SOUGHT PURSUANT TO SECTION 106(A) OF CERCLA, EPA ISSUED A UNILATERAL ADMINISTRATIVE ORDER (UAO) TO COPCO REQUIRING COPCO TO UNDERTAKE A REMOVAL ACTION TO CLEAN UP LEAD CONTAMINATED SOIL AT THE HIGHWAY 71/72 REFINERY SITE. THE LEAD-CONTAMINATED SOIL POSES AN IMMINENT AND SUBSTANTIAL HEALTH THREAT TO PEOPLE LIVING ON THE SITE. THE UAO CALLS FOR COPCO TO EXCAVATE LEAD-CONTAMINATED SOIL AND TAKE IT OFF-SITE FOR DISPOSAL. UNDER THE UAO, EXCAVATED AREAS ARE TO BE BACKFILLED WITH CLEAN SOIL AND RETURNED TO THEIR ORIGINAL CONDITION.

Defendants (1)

• CANADIANOXY OFFSHORE PRODUCTION COMPANYNamed in complaint

Facilities (1)

• HIGHWAY 71/72 REFINERY

  INT I-20 & BENTON & OIL MINTOR, BOSSIER CITY, LA, 71111

  Registry ID: 110009336548

Statutes cited

• CERCLA 106A — Imminent & Substantial Endangerment Order

Timeline (3 milestones)

• 1996-07-31Complaint Filed/Proposed Order
• 1996-07-31Final Order Issued
• 1996-08-05Enforcement Action Data Entered