EPA v. Vopak North America-Deer Park Terminal-Air Toxics Consent Decree (HQ/R6)-2017

Case summary

Vopak North America Inc. (d/b/a Vopak Americas) is a subsidiary of Royal Vopak, an international tank storage company headquartered in Rotterdam, Netherlands, with 74 terminals in 26 countries. Today, Vopak Americas owns three terminals in the United States, the largest of which is the subject of this matter and is co-located with a waste treatment, recovery and disposal operation on the Houston Ship Channel in or around Deer Park, Texas (the Facility). The terminal provides temporary storage for a range of products, including biofuels, chemicals, petroleum products, base oils, and lubricants, consisting of 243 tanks with a collective capacity of over 7 million barrels. The tanks range from 1,000 barrels to 80,000 barrels in size and receive products from barge, pipeline, rail, truck and marine vessels. The air emissions at the terminal facility derive from three primary sources: terminal bulk storage tanks, flares, and the waste treatment, recovery and disposal operation, which includes a wastewater treatment system (WWTS). The terminal generates storm water and process wastewater that contain volatile organic compounds (VOCs), which Vopak treats on site at the WWTS. The EPA inspections of the Facility in 2012, 2014, and 2015 identified, among other things, leaking tanks, inefficient flares, and process equipment (e.g., open-top tanks and VOC/water separators) at the WWTS that were releasing excess emissions of VOCs. The complaint alleges violations associated with all three of these sources and Vopak has agreed to implement a range of injunctive relief across the Facility to address each of these issues. Payment of the penalty of $2.5 million is to be split equally between the EPA and the State. An additional $40,000 in attorney fees is payable to the State.

Defendants (2)

• Vopak North America, Inc.Named in complaintNamed in settlement
• VOPAK TERMINAL DEER PARK INC.Named in complaint

Facilities (8)

• VOPAK LOGISTICS SERVICES USA DEER PARK

  2759 INDEPENDENCE PARKWAY SOUTH, DEER PARK, TX, 77536

  Registry ID: 110000757752

• VOPAK TERMINAL DEER PARK

  2759 INDEPENDENCE PKWY, DEER PARK, TX, 77536

  Registry ID: 110000757752

• VOPAK LOGISTICS SERVICES USA DEER PARK

  2759 INDEPENDENCE PARKWAY SOUTH, DEER PARK, TX, 77536

  Registry ID: 110000757752

• VOPAK TERMINAL DEER PARK

  2759 INDEPENDENCE PKWY, DEER PARK, TX, 77536

  Registry ID: 110000757752

• VOPAK TERMINAL DEER PARK

  2759 INDEPENDENCE PKWY, DEER PARK, TX, 77536

  Registry ID: 110000757752

• VOPAK LOGISTICS SERVICES USA DEER PARK

  2759 INDEPENDENCE PARKWAY SOUTH, DEER PARK, TX, 77536

  Registry ID: 110000757752

• VOPAK LOGISTICS SERVICES USA DEER PARK

  2759 INDEPENDENCE PARKWAY SOUTH, DEER PARK, TX, 77536

  Registry ID: 110000757752

• VOPAK TERMINAL DEER PARK

  2759 INDEPENDENCE PKWY, DEER PARK, TX, 77536

  Registry ID: 110000757752

Statutes cited

• CAA TITLE5 — Title V Permits
• CAA 110 — Implementation Plan for National Primary and Secondary Ambient Air Quality Standards
• CAA 111 — New Source Performance Standards
• CAA 112 — Hazardous Air Pollutants

Enforcement conclusions (1)

• Vopak North America-Deer Park Terminal-Air Toxics Consent Decree (HQ/R6)-2017entered 2017-07-31

  Primary law: CAA

  Federal penalty: $1,250,000 · State/local: $1,250,000

Timeline (6 milestones)

• 2016-11-30Referred To Dept Of Justice
• 2017-04-06Enforcement Action Data Entered
• 2017-05-17Complaint Filed With Court
• 2017-05-17Final Order Lodged
• 2017-07-31Final Order Entered
• 2025-07-28Demand for Stipulated Penalties