EPA v. LION OIL COMPANY, AN ARKANSAS CORPORATION

Case summary

1. SECTION 113 OF THE CLEAN AIR ACT ( CAA ), 42 U.S.C. SECTION 7413. 2. LION OIL COMPANY, AN ARKANSAS CORP., A STATIONARY SOURCE,1000 MCHENRY, P.O. BOX 7005, EL DORADO, UNION COUNTY, ARKANSAS 71721-7005. 3. RESPONDENT WAS IN VIOLATION OF SECTION 111 OF THE CAA, STANDARDS OF PERFORMANCE FOR NEW STATIONARY SOURCES (NSPS) BY: 1) FAILURE TO MONITOR SO2 OR H2O VIA CEM AS REQUIRED; 2) FAILURE TO EQUIP TANK AA WITH THE APPROPRIATE TYPE OF PRIMARY SEAL; 3) FAILURE TO PERFORM SEAL GAP MEASUREMENTS FOR TANK 88 AS REQUIRED; 4) FAILURE TO NOTIFY THE ADMINISTRATOR 30 DAYS IN ADVANCE OF REQUIRED SEAL GAP MEASUREMENTSFOR TANK 88 TO AFFORD THE ADMINISTRATOR AN OPPORTUNITY TO HAVE AN OBSERVER PRESENT AS REQUIRED; 5) FAILURE TO FURNISH THE ADMINISTRATOR WITH ANNUAL SEAL GAP MEASUREMENTS (NOT INITIAL) FOR TANK 88 AS REQUIRED; 6) FAILURE TO HAVE TANK 88 SAMPLING PORT CLOSED AS REQUIRED; 7) FAILURE TO ENSURE THAT THE ROOF OF TANK 88 WAS FLOATING ON THE LIQUID AT ALL TIMES AS REQUIRED; 8) FAILURE TO HAVE ACCESSIBLE AT THE TIME OF THE INSPECTION REPORTS DESCRIBING AND CERTIFYING CONTROL EQUIPMENT, AS WELL AS SEAL GAP MEASUREMENTS FOR TANK 88 AS REQUIRED; 9) FAILURE TO NOTIFY THE ADMINISTRATOR 30 DAYS IN ADVANCE OF REQUIRED SEAL GAP MEASUREMENTS BY TANK 103 TO AFFORD THE ADMINISTRATOR AN OPPORTUNITY TO HAVE OBSERVER PRESENT AS REQUIRED; 10) FAILURE TO PERFORM INITIAL AND SUBSEQUENTLY REQUIRED SEAL GAP MEASUREMENTS FOR TANK 103 AS REQUIRED; 11) FAILURE TO FURNISH THE ADMINISTRATOR WITH A REPORT THAT DESCRIBES THE CONTROL EQUIPMENT OF TANK 103 AND CERTIFIES ITS COMPLIANCE WITH SPECIFIED REGULATIONS AS REQUIRED; 12) FAILURE TO FURNISH THE ADMINISTRATOR WITH INITIAL SEAL GAP MEASUREMENT REPORTS FOR TANK 103 AS REQUIRED; 13) RECORDS UNAVAILABLE AT TIMES OF INSPECTION: A) FAILURE TO HAVE ACCESSIBLE AT THE TIME OF INSPECTION THE REPORTS THAT DESCRIBE AND CERTIFY CONTROL EQUIPMENT FOR TANK 103, AND B) FAILURE TO HAVE ACCESSIBLE AT INSPECTION A RECORD FOR TANK 103 OF EACH GAP MEASUREMENT PERFORMED; 14) FAILURE TO HAVE TANK 103 SAMPLING PORT CLOSED AS REQUIRED; 15) FAILURE TO DETERMINE COMPLIANCE OF LOW-PRESSURE FLARE SN-23 BY SPECIFIED TESTS AS REQUIRED;16) FAILURE TO FURNISH THE ADMINISTRATOR WITH A REPORT WITHIN 6 MONTHS OF THE START-UP DATE, AND MAINTAIN AND FURNISH RECORDS AND REPORTS AS REQUIRED; 17) FAILURE TO DETERMINE COMPLIANCE OF HIGH-PRESSURE FLARE SN-22 WITH STANDARDS BY SPECIFIED TESTS REQUIRED BY SUBPART GGG; 18) FAILURE TO FURNISH THE ADMINISTRATOR WITH A REPORT WITHIN 6 MONTHS OF THE START-UP DATE, AND MAINTAIN AND FURNISH RECORDS AND REPORTS FOR HIGH PRESSURE FLARE SN-22 AS REQUIRED; 19) FAILURE TO CONDUCT INITIAL INSPECTIONS OF 2 CLOSED VENT SYSTEMS; AND 20) FAILURE TO CONDUCT ANNUAL VISUAL INSPECTIONS FOR VISIBLE, AUDIBLE, OR OLFACTORY INDICATIONS OF LEAKS OF CLOSED VENT SYSTEMS AS REQUIRED. 4. RELIEF SOUGHT PURSUANT TO SECTION113 OF THE CAA, EPA SUBMITS THIS DIRECT REFERRAL TO DOJ TO INITIATE A CIVIL ENFORCEMENT ACTION AGAINST LION OIL COMPANY. THIS IS A REFERRAL FOR INJUNCTIVE RELIEF AND CIVIL PENALTIES FOR THE VIOLATIONS CITED.

Defendants (1)

• LION OIL COMPANYNamed in complaintNamed in settlement

Facilities (1)

• LION OIL COMPANY

  1000 MCHENRY STREET, EL DORADO, AR, 71730

  Registry ID: 110017419667

Statutes cited

• CAA 111 — New Source Performance Standards

Enforcement conclusions (1)

• LION OIL COMPANYentered 1999-09-20

  Primary law: CAA

  Federal penalty: $90,000

Timeline (5 milestones)

• 1998-04-28Enforcement Action Data Entered
• 1998-05-11Referred To Dept Of Justice
• 1999-06-28Complaint Filed With Court
• 1999-08-20Final Order Lodged
• 1999-09-20Final Order Entered