EPA v. COASTAL REFINING AND MARKETING, INC.

Case summary

1. SECTION 113 OF THE CLEAN WATER ACT ( CAA ), 42 U.S.C. SECTION 7413. 2. COASTAL REFINING AND MARKETING, INC., A SUBSIDIARY OF CIC INDUSTRIES, INC., WHICH IS SUBSIDIARY OF THE COASTAL CORPORATION P.O. BOX 109 CORPUS CHRISTI, NUECES COUNTY, TEXAS 78403 3. FOLLOWING AN INSPECTION OF THE COASTAL REFINING AND MAR- KETING, INC. FACILITY ON MAR. 12 THRU 14 AND APR. 2 THRU 3, 1996, EPA FOUND VIOLATIONS OF THE NEW SOURCE PERFORM- ANCE STANDARDS (NSPS). AS A RESULT OF THIS INSPECTION EPA FOUND THAT COASTAL HAD FAILED TO SPAN A H2S CONTINUOUS MONITOR ON TWO OCCASIONS. IN ADDITION, COASTAL FAILED TO FOLLOW REQUIRED STANDARDS FOR LEAKING EQUIPMENT SUBJECT TO THE NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR POL- LUTANTS FOR SOURCE CATEGORIES (HON), AND FOR LEAKING E- QUIPMENT SUBJECT TO THE TEXAS STATE IMPLEMENTATION PLAN. ALSO, COASTAL FAILED TO FOLLOW THE REQUIREMENTS OF THE NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS (NESHAP) REGARDING OPEN ENDED VALVES OR LINES AND FAILURE TO ADEQUATELY COMPLETE AND CONSTRUCT THE LOG ASSOCIATED WITH LEAKING EQUIPMENT. ALTHOUGH THE POTENTIAL FOR EXCESS EMISSIONS ARE SOMEWHAT REDUCED DUE TO THE NATURE OF THE VIOLATIONS, THE VIOLA- TIONS CONSIDERED SERIOUS SINCE THEY UNDERMINE EPA'S REG- ULATORY SCHEME REGARDING THE NSPS AND NESHAP PROGRAMS. THE VIOLATIONS ARE 1) FAILING TO SPAN ITS WEST LANT'S CONTUNUOUS EMISSIONS MONITOR, 2) FAILING TO ATTEMPT TO REPAIR A LEAKING PUMP WITHIN 5 DAYS OF DISCOVERY, 3) FAILING TO MAKE THE FIRST ATTEMPT AT REPAIR OF A LEAKING VALVE WITHIN 5 DAYS OF DISCOVERY, 4) FAILING TO MAKE THE FIRST ATTEMPT AT REPAIR OF A LEAKING CONNECTOR WITHIN 5 DAYS OF DISCOVERY, 5) VILATED THE TEXAS SIP BY HAVING A VALVE LOCATED IN THE WEST PLANT PLATFORMER AREA WITH A VISIBLE LEAK AT THE TIME OF INSPECTION, 6) VIOLATED THE TEXAS SIP BY HAVING 5 OPEN-ENDED VALVES LOCATED IN THE WEST PLANT PLATFORMER UNIT AND THE HDS UNIT AT THE TIME OF INSPECTION, 7) BY HAVING 6 OPEN-ENDED VALVES IN VHAP SERVICE IN THE WEST PLANT BENZENE STRIPPER AREA, AND 8) BY KEEPING INADEQUATE RECORDS. 4. RELIEF SOUGHT PURSUANT TO SECTION 113 OF THE CAA, EPA RE- FERRED THE MATTER DIRECTLY TO DOJ FOR PROSECUTIVE ASSIST- ANCE SEEKING CIVIL PENALTIES AND INJUNCTIVE RELIEF.

Defendants (1)

• COASTAL REFINING AND MARKETING, INC.Named in complaintNamed in settlement

Facilities (1)

• CORPUS CHRISTI EAST

  1300 CANTWELL LANE, CORPUS CHRISTI, TX, 78408

  Registry ID: 110000501993

Statutes cited

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

Enforcement conclusions (1)

• COASTAL REFINING AND MARKETING, INC.entered 1998-04-29

  Primary law: CAA

  Federal penalty: $136,000

Timeline (7 milestones)

• 1997-06-30Referred To Dept Of Justice
• 1997-07-01Enforcement Action Data Entered
• 1998-04-17Complaint Filed With Court
• 1998-04-29Concluded
• 1998-04-29Final Order Lodged
• 1998-04-29Final Order Entered
• 1998-04-29Enforcement Action Closed