EPA v. Delek US Holdings-New Owner Audit Agreement-Big Spring_Krotz Springs

Case summary

On July 1, 2017, a stock acquisition transferred full ownership of Alon USA Energy, Inc. to Delek US Holdings, Inc. Delek US Holdings, Inc. (Delek) will conduct multimedia environmental audits at the Big Spring and Krotz Springs Refineries. Delek acquired the refineries through the purchase of Alon USA Energy, Inc., which includes its entities Alon USA, LP and Alon Refining Krotz Springs, Inc. The scope of the audits will include an assessment of compliance with the applicable provisions of the following regulatory programs, as well as their related permits: 1) Stationary source (e.g. NSPS, NESHAP) and fuels provisions (40 CFR Parts 79 and 80) under the Clean Air Act; 2) NPDES effluent guidelines and oil discharge and pollution prevention provisions under the Clean Water Act; 3) Drinking water standards and UIC provisions under the Safe Water Drinking Act; 4) Solid waste, hazardous waste, used oil, universal waste and UST provisions under the Resource Conservation and Recovery Act; 5) Inventory reporting and PCB management provisions under the Toxic Substances Control Act; 6) Release reporting provisions under the Comprehensive Environmental Response, Compensation, and Liability Act; 7) Emergency planning/notification and hazardous and toxic chemical reporting provisions under the Emergency Planning and Community Right-to-Know Act. Delek proposes completing the audit of both refineries by December 31, 2017, and disclosing violations by January 31, 2018. In its disclosures, the company intends to explain how it satisfies the nine conditions in, and therefore is eligible for relief under, the EPA's New Owner Audit Policy.

Defendants (1)

• Delek US Holdings Inc.Named in complaintNamed in settlement

Facilities (2)

• ALON REFINING KROTZ SPRINGS INC

  356 S LEVEE RD HWY 105, KROTZ SPRINGS, LA, 70750

  Registry ID: 110041023807

• ALON USA BIG SPRING REFINERY

  200 REFINERY RD, BIG SPRING, TX, 79720

  Registry ID: 110013314323

Statutes cited

• CAA 173 — New Source Review Permit Requirements
• CAA PARTD — New Source Review Permit Requirements
• CAA 211 — Regulation of Fuels - Motor Vehicle and Engine Fuels
• CAA PART63 — MACT Standards (40 CFR Part 63)
• CAA 112C — Hazardous Air Pollutants
• CAA TITLE5 — Title V Permits
• CAA 111 — New Source Performance Standards

Enforcement conclusions (1)

• Delek US Holdings-New Owner Audit Agreement-Big Spring_Krotz Springsentered 2017-10-02

  Primary law: CAA

Timeline (2 milestones)

• 2017-10-02Final Order Issued
• 2018-12-12Enforcement Action Data Entered