EPA v. Delek Refinery

Case summary

On December 2, 2014, the Department of Justice entered a Consent Decree in the Federal District Court for the Eastern District of Texas. The Consent Decree resolves violations of the Clean Air Act and risk management plan regulations related to the November 20, 2008 explosion, release, and subsequent fire at the Tyler Texas Refinery. The Consent Decree requires that Delek Refining re-designate the Sat Gas Unit and the Platformer Unit at the facility as Program 3 units, subjecting the units to stringent regulatory requirements. Further, the Consent Decree requires that Delek update its written procedures for corrosion under insulation and conduct training of its personnel on the updated procedures. In addition to the two aforementioned relief items, Delek will pay a penalty of four hundred seventy five thousand dollars ($475,000.00) to resolve the violations

Defendants (2)

• Delek Refining
• Delek Refining LTDNamed in complaintNamed in settlement

Facilities (1)

• DELEK TYLER REFINERY

  1702 E COMMERCE ST, TYLER, TX, 75702

  Registry ID: 110000458488

Statutes cited

• CAA 502 — Operating Permits (Title V)
• CAA 110 — Implementation Plan for National Primary and Secondary Ambient Air Quality Standards
• CAA 112[R][7] — Prevention of Accidental Release/Risk Management Plans (RMPs)

Enforcement conclusions (1)

• Delek Refineryentered 2014-12-02

  Primary law: CAA

  Federal penalty: $475,000

Timeline (7 milestones)

• 2011-05-17Referred To Dept Of Justice
• 2011-06-06Enforcement Action Data Entered
• 2014-09-29Complaint Filed With Court
• 2014-09-29Final Order Lodged
• 2014-12-02Final Order Entered
• 2015-01-31Enforcement Action Closed
• 2015-01-31Air Resolved