EPA v. EXXON COMPANY, U.S.A.

Case summary

1. SECTION 113 OF THE CLEAN AIR ACT ( CAA ), 42 U.S.C. SEC- TION 7413. 2. EXXON COMPANY, U.S.A. 3000 DECKER DRIVE BAYTOWN, HARRIS COUNTY, TEXAS 77522 3. EXXON COMPANY, U.S.A. OWNS AND OPERATES A PETROCHEMICAL REFINERY IN BAYTOWN, TX. THIS FACILITY IS A BRANCH OF EXXON CORPORATIONLOCATED IN IRVING, TX. AND IS INCORPOR- ATED IN THE STATE OF NEW JERSEY. AN EPA LEADS INSPECTION WAS CONDUCTED AT THE EXXON REFINERY FROM APR. 1-11, 1996. THIS INSPECTION REVEALED THAT EXXON WAS SUBJECT TO, AND HAD FAILED TO COMPLY WITH, THE REQUIREMENTS OF NEW SOURCE PERFORMANCE STANDARDS (NSPS) SUBPARTS 1,VV, GGG, AND NNN, AND NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR POLLUT- ANTS (NESHAP) SUBPARTS 61-A, M AND FF. THE RESPONDENT WAS IN VIOLATION BY 1) FAILING TO CONDUCT PERFORMANCE TESTS WITHIN 180 DAYS AFTER INITIAL START-UP, 2) FAILING TO PROVIDE 30-DAYS NOTICE OF INITIAL PERFORM- ANCE TESTING, 3) FAILING TO DETERMINE COMPLIANCE WITH THE STANDARDS FOR FLARES, 4) FAILING TO CONDUCT REQUIRED PER- FORMANCE TESTS WITHIN 180 DAYS OF INITIAL START-UP, 5) FAILING TO PROVIDE 30-DAY PRIOR NOTICE OF INITIAL PER- FORMANCE TESTING, 6) FAILING TO DETERMINE COMPLIANCE WITH THE STANDARDS FOR FLARES, 7) FAILING TO PROVIDE REPORTING AND RECORDKEEPING DOCUMENTATION, 8) FAILING TO MAINTAIN ASBESTOS WASTE SHIPMENT RECORDS, 9) FAILING TO CONDUCT EMISSION TESTING WITHIN 90 DAYS OF INITIAL START-UP, 10) FAILING TO PROVIDE 30-DAYS NOTICE BEFORE INITIAL EMISSION TESTING, AND 11) FAILING TO DETERMINE COMPLIANCE WITH THE STANDARDS FOR FLARE. 4. RELIEF SOUGHT PURSUANT TO SECTION 113 OF THE CAA, EPA RE- FERRED THE CASE TO DOJ FOR PROSECUTIVE ASSISTANCE ALLEG- ING CIVIL VIOLATIONS OF THE CAA. THIS IS A REFERRAL FOR INJUNCTIVE RELIEF AND CIVIL PENALTIES. 5. THIS WAS REFERRED ON MAR. 31, 1997. 6. THERE ARE NO NATIONALLY SIGNIFICANT ISSUES ASSOCIATED WITH THIS CASE. 7. THERE ARE NO ENVIRONMENTAL JUSTICE ISSUES IN THIS CASE. THE EXXON, BAYTOWN DOES NOT FALL INTO THE AREA OF ENVIR- ONMENTAL JUSTICE CONCERN. THE RANKING VALUE UNDER THE EN- VIRONMENTAL JUSTICE INDEX PUT THE 50 MILE RADIUS AROUND THE FACILITY BELOW THE STATE AVERAGE.

Defendants (1)

• EXXON COMPANY, U.S.A.Named in complaintNamed in settlement

Facilities (1)

• EXXON CO USA #61894

  3000 DECKER, BAYTOWN, TX, 77520

  Registry ID: 110005132258

Statutes cited

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

Enforcement conclusions (1)

• EXXON COMPANY, U.S.A. (BAYTOWN, TEXAS)entered 1999-01-19

  Primary law: CAA

  Federal penalty: $250,000

Timeline (7 milestones)

• 1996-04-01Enforcement Action Data Entered
• 1997-03-31Referred To Dept Of Justice
• 1998-02-13Complaint Filed With Court
• 1998-11-17Final Order Lodged
• 1999-01-19Final Order Entered
• 1999-01-19Concluded
• 1999-01-19Enforcement Action Closed