EPA v. BASIS PETROLEUM, INC.

Case summary

1. SECTION 113(B) OF THE CLEAN AIR ACT ( CAA ), 42 U.S.C. SECTION 7413(B). 2. BASIS PETROLEUM INC., A WHOLLY-OWNED SUBSIDARY OF SALO- MON, INC. LOOP 197 SOUTH AND 14TH STREET TEXAS CITY, GALVESTON COUNTY, TEXAS 77590 3. RESPONDENT WAS IN VILATION OF SECTION 111 OF THE CAA BY: 1) FAILING TO RECORD DAILY MEASUREMENTS OF THE INLET AND OUTLET GAS TEMPERATURE OF THE VOC CONDENSER UNIT ON TANK 321 AND TANK 329, 2) FAILING TO TIMELY REPORT A MAJOR UP- SET OCCURRENCE AT THE FACILITY, 3) FAILING TO MEET CER- TAIN PROCEDURAL REQUIREMENTS IN SECTION 5 OF REFERENCE METHOD 22 AND BY NOT USING THE REQUIRED OBSERVATION PER- IOD WHEN CONDUCTING THE INITIAL VISIBLE EMISSION TEST FOR FLARE NO. 3 AS A CONTROL DEVICE FOR THE MTBE UNIT, 4) FAILING TO ATTEMPT REPAIR OF THREE LEAKING VALVES IN VOC SERVICES WITHIN FIVE DAYS OF DETECTING A LEAK, 5) EXCEED- ING THE 250 PPM LIMIT ON EMISSIONS OF SULFUR DIOXIDE FROM THE CLAUS RECOVERY PLANT, 6) EXCEEDING THE PERMITTED E- MISSION LIMITS FOR THE CLAUS SULFUR RECOVERY PLANT'S TAIL GAS UNIT NO. 2 FOR PARTICULATE MATTER AND VOC AND NOT COMPLYING WITH A SPECIAL PROVISION OF PERMIT 8619A/PSD- TX-810, AND 7) FAILING TO MEET ALL SPECIFICATIONS FOR THE RELATIVE ACCURACY TESTING OF THE CARBON MONOXIDE CEMS AT COGENERATION NOS. 1 AND 2. 4. RELIEF SOUGHT PURSUANT TO SECTION 113(B) OF THE CAA, EPA REFERS THIS DIRECT REFERRAL TO DOJ REQUESTING INITIATION OF A CIVIL ENFORCEMENT ACTION AGAINST THE RESPONDENT. EPA IS SEEKING CIVIL PENALTIES FOR THE VIOLATIONS CONTAINED IN THE REFERRAL.

Defendants (1)

• BASIS PETROLEUM, INC.Named in complaintNamed in settlement

Facilities (2)

• VALERO REFINING COMPANY TEXAS

  LOOP 197 SOUTH AND 14TH STREET, TEXAS CITY, TX, 77590

  Registry ID: 110032911669

• VALERO REFINING COMPANY TEXAS

  LOOP 197 SOUTH AND 14TH STREET, TEXAS CITY, TX, 77590

  Registry ID: 110032911669

Statutes cited

• CAA 111 — New Source Performance Standards

Enforcement conclusions (1)

• BASIS PETROLEUM, INC.entered 1998-03-06

  Primary law: CAA

  Federal penalty: $175,000

Timeline (7 milestones)

• 1997-09-29Referred To Dept Of Justice
• 1997-09-30Enforcement Action Data Entered
• 1998-03-06Final Order Lodged
• 1998-03-06Final Order Entered
• 1998-03-06Complaint Filed With Court
• 1998-03-06Concluded
• 1998-03-06Enforcement Action Closed