EPA v. Western Refining - Gallup

Case summary

The Consent Agreement Final Order resolves violations of the Resource Conservation & Recovery Act (RCRA) which were discovered during a Compliance Evaluation Inspection at Western in September 2007. Western was intermittently discharging benzene-contaminated wastewater - a characteristic hazardous waste - to aeration lagoons (surface impoundments). Violations alleged include: operating a hazardous waste surface impoundment without a permit; land disposing an untreated hazardous waste; storing hazardous waste in tanks without a permit; treating hazardous waste without a permit; managing a waste pile without a permit; failing to make hazardous waste determinations. Western Refining has agreed to pay a fine of $734,008, cease all discharges of benzene to surface impoundments, and close the two aeration lagoons that received hazardous waste. Western has further agreed to construct an upgraded wastewater treatment facility, and dismantle all benzene air strippers once the waste water treatment facility is complete. Western will provide financial assurance for the closure of both aeration lagoons and the removal of all benzene strippers at the facility.

Defendants (1)

• Western RefiningNamed in complaintNamed in settlement

Facilities (2)

• GALLUP REFINERY

  I-40 EXIT 39, JAMESTOWN, NM, 87347

  Registry ID: 110011031052

• GIANT REFINING CO CINIZA REFINING

  INTERSTATE 40 EXIT 39, JAMESTOWN, NM, 87347

  Registry ID: 110060345899

Statutes cited

• RCRA 3005 — Permits for Treatment, Storage, or Disposal of Hazardous Waste
• RCRA 3004 — Hazardous Waste Treatment, Storage, and Disposal Standards
• RCRA 3002 — Standards Applicable to Generators of Hazardous Waste
• RCRA 3004VU — TSD Corrective Action
• RCRA 3008A — Compliance Order: Injunctive & Penalty

Enforcement conclusions (2)

• Western Refining - Gallupentered 2010-09-01

  Primary law: RCRA

  Federal penalty: $3,000

• Western Refining - Gallupentered 2009-08-26

  Primary law: RCRA

  Federal penalty: $734,008

Timeline (3 milestones)

• 2009-08-26Complaint Filed/Proposed Order
• 2009-08-31Enforcement Action Data Entered
• 2010-09-01Final Order Issued