EPA v. LYONDELL-CITGO REFINING COMPANY LTD.

Case summary

1. VOLUNTARY DISCLOSURE PURSUANT TO THE EPA'S POLICY GUID- ANCE, INCENTIVES FOR SELF-POLICING: DISCOVERY, DISCLO- SURE, CORRECTION AND PREVENTION OF VIOLATION. 2. LYONDELL-CITGO REFINING COMPANY LTD. 12000 LAWNDALE P.O. BOX 2451 HOUSTON, HARRIS COUNTY, TEXAS 77252-2451 3. RESPONDENT, UNDER THE SELF-POLICING POLICY, VOLUNTARILY DISCLOSED VIOLATIONS OF NSPS AND NESHAP REGULATIONS OF THE CAA. THE RESPONDENT DISCOVERED DURING AN NSPS AND NESHAP AUDIT OF ITS FACILITY, THAT IT HAD FAILED TO SUB- MIT NOTIFICATION AND REPORT TO EPA. THE REPORTS WERE: 1) NOTIFICATION OF TANK 921 CONSTRUCTION IN 1995; 2) REPORT OF CONTROL EQUIPMENT FOR KB TANK 835 AND TANKS 921 AND 922 IN 1996 AND CERTIFICATION; 3) REPORT OF SEAL GAP MEA- SUREMENTS PERFORMED IN 1996 FOR TANKS 835 AND 838; 4) PRIOR NOTIFICATION OF INSPECTION FOR TANKS 668, 670, AND 689 PERFORMED IN 1995; AND 5) REPORT OF TANK 670 SEAL IN- SPECTION PERFORMED IN 1994. 4. RELIEF SOUGHT PURSUANT TO THE SELF-POLICING POLICY, EPA WILL ISSUE A FINAL DETERMINATION AFTER A REVIEW OF THE RESPONDENT'S DISCOVERY AND DISCLOSURE, CORRECTION AND PREVENTION OF VIOLATIONS, AND ITS PAST COMPLIANCE HISTORY ON WHETHER TO SEEK GRAVITY-BASED PENALTIES OR NOT.

Defendants (1)

• LYONDELL-CITGO REFINING COMPANY LTD.Named in complaintNamed in settlement

Facilities (2)

• LYONDELL CITGO REFINING COMPANY LIMITED

  12000 LAWNDALE, HOUSTON, TX, 77017

  Registry ID: 110058113704

• LYONDELL CITGO REFINING COMPANY LIMITED

  12000 LAWNDALE, HOUSTON, TX, 77017

  Registry ID: 110058113704

Statutes cited

• CAA 112 — Hazardous Air Pollutants

Enforcement conclusions (1)

• LYONDELL-CITGO REFININGentered 1998-11-20

  Primary law: CAA

Timeline (4 milestones)

• 1997-11-07Complaint Filed/Proposed Order
• 1998-04-27Enforcement Action Data Entered
• 1998-11-20Enforcement Action Closed
• 1998-11-20Final Order Issued