EPA v. CONOCO INCORP-LAKE CHARLES REFINERY-CWA CAA Consent Decree-FY2001

Case summary

1. SECTION 113(A) AND (B) OF THE CLEAN AIR ACT (CAA), 42 U.S.C. SECTION 7413(A) AND (B). SECTION 309(G) OF THE CLEAN WATER ACT (CWA), 33 U.S.C. SECTION 1319(G). 2. CONOCO INCORPORATED, LAKE CHARLES REFINERY 2200 OLD SPANISH TRAIL WESTLAKE, CALCASIEU PARISH, LOUISIANA 70602. 3. RESPONDENT WAS IN VIOLATION OF SECTIONS 110, 111, 112 OF THE CAA AND SECTIONS 301 AND 402(A) OF THE CWA. THE VIOLATIONS INCLUDED: 1) FAILING TO REPAIR LEAKING VALVES IN A TIMELY MANNER AS REQUIRED, 2) FAILING TO DETERMINE THE EXIT VELOCITY OF THE THE NORTH FLARE BY THE REQUIRED PROCEDURES, 3) FAILING TO DETERMINE THE EXIT VELOCITY OF THE WEST FLARE BY THE REQUIRED PROCEDURES, 4) FAILING TO DETERMINE THE EXIT VELOCITY OF THE T-38 FLARE BY THE REQUIRED PROCEDURE, 5) FAILING TO DETERMINE THE EXIT VELOCITY OF THE AP1/CP1 FLARE BY THE REQUIRED PROCEDURE, 6) FAILING TO SUBMIT A WRITTEN NOTIFICATION OF PERFORMANCE TESTS IN A TIMELY MANNER, 7) INADEQUATE AND INCOMPLETE LOGBOOK OF THE MONTLY LEAK INSPECTIONS, 8) FAILING TO SUBMIT A CERTIFICATION FOR THE EXCEL PARALUBES PORTION OF LOHC INITIAL STARTUP IN A TIMELY MANNER AS REQUIRED, 9) FAILING TO SUBMIT A CERTIFICATION FOR REVAMP PORTION OF THE LOHC INTIAL STARTUP IN A TIMELY MANNER AS REQUIRED, 10) FAILING TO INSURE THAT EACH OPENING IN THE ROOF BE EQUIPPED WITH A GASKETED COVER, SEAL, OR LID WHICH IS REQUIRED TO BE CLOSED AT ALL TIMES EXCEPT WHEN THE DEVICE IS IN ACTUAL USE (TANK-6019), 11) FAILING TO INSURE THAT EACH OPENING IN THE ROOF BE EQUIPPED WITH A GASKETED COVER, SEAL, OR LID WHICH IS REQUIRED TO BE CLOSED AT ALL TIMES EXCEPT WHEN THE DEVICE IS IN ACTUAL USE (TANK-120), 12) FAILING TO INSTALL THE LOW NOX BURNERS ON HEATERS AS REQUIRED, 13) FAILING TO CONDUCT THE APPROPRIATE PSD/BACT REVIEW PROCESS FOR NOX EMISSIONS PRIOR TO INSTALLATION (FCCU EXPANSION PROJECT), 14) FAILING TO CONDUCT THE APPROPRIATE PSD/BACT REVIEW PROCESS FOR NOX EMISSIONS PRIOR TO INSTALLATION (LOHC PROJECT), 15) UNAUTHORIZED DISCHARGE OF 196 BARRELS OF ALFOL FROM A STORMWATER OUTFALL, AND 16) DISCHARGING POLLUTANTS FROM POINTS OTHER THAN THOSE AUTHORIZED BY ITS PERMIT. 4. RELIEF SOUGHT PURSUANT TO SECTION 113(A) OF THE CAA AND SECTION 309(G) OF THE CWA, EPA REFERRED THIS PRE-REFERRAL PACKAGE TO DOJ AS THE INITIAL STEP IN THE COORDINATED REFERRAL PROCESS. EPA REQUESTS THE ASSIGNMENT OF A DOJ ATTORNEY TO WORK WITH EPA IN THE DEVELOPMENT OF A REFERRAL. EPA SEEKS INJUNCTIVE RELIEF TO COMPEL CONOCO TO COMPLY WITH RELEVANT PROVISIONS OF THE CAA AND THE CWA AND THE TERMS OF ITS STATE AND FEDERAL PERMITS. EPA ALSO REQUESTS CIVIL PENALTIES FOR PAST REGULATORY AND PERMIT VIOLATIONS BY CONOCO. 5. THIS CASE INVOLVES A NUMBER OF NATIONALLY SIGNIFICANT ISSUES THAT ENTAIL COMPLEX LEGAL, TECHNICAL AND POLICY CONSIDERATIONS. 6. THIS CASE MAY BE PROSECUTED AS A JOINT ACTION WITH THE STATE OF LOUISIANA. 7. ADDITIONAL COUNTS MAY BE ADDED AS THE CASE IS REVIEWED AND DEVELOPED, INCLUDING ADDITIONAL PREVENTION OF SIGNIFICANT DETERIORATION (PSD) COUNTS UNDER PART C OF TITLE I OF THE CAA. 8. TECHNICAL CONTACT: JOHN JONES - 6EN-A, BOB GOODFELLOW - 6EN-W.

Defendants (1)

• CONOCO INCORPORATEDNamed in complaintNamed in settlement

Facilities (3)

• CONOCO INCORPORATED LAKE CHARLES REFINERY

  2200 OLD SPANISH TRAIL, WESTLAKE, LA, 706695124

  Registry ID: 110000539757

• CONOCO INCORPORATED LAKE CHARLES REFINERY

  2200 OLD SPANISH TRAIL, WESTLAKE, LA, 706695124

  Registry ID: 110000539757

• CONOCO INCORPORATED LAKE CHARLES REFINERY

  2200 OLD SPANISH TRAIL, WESTLAKE, LA, 706695124

  Registry ID: 110000539757

Statutes cited

• CWA 301 — NPDES Discharge without a Permit
• CAA 111 — New Source Performance Standards
• CWA 402 — Clean Water Act
• CAA 112 — Hazardous Air Pollutants
• CAA 110 — Implementation Plan for National Primary and Secondary Ambient Air Quality Standards

Enforcement conclusions (1)

• CONOCO INCORP-LAKE CHARLES REFINERY-CWA CAA Consent Decree-FY2001entered 2001-05-23

  Primary law: CAA

  Federal penalty: $120,000 · State/local: $120,000

Timeline (7 milestones)

• 1999-06-30PRN Sent
• 1999-07-13Enforcement Action Data Entered
• 1999-09-23Referred To Dept Of Justice
• 2001-05-17Final Order Lodged
• 2001-05-17Complaint Filed With Court
• 2001-05-23Final Order Entered
• 2001-05-23Concluded