EPA v. Western Refining Southwest-Gallup Refinery

Case summary

On April 2, 2019, EPA Region 6 issued a Consent Agreement Final Order (CAFO) under its authority pursuant to the Resource Conservation & Recovery Act (RCRA) to Western Refining Southwest-Gallup Refinery located in Jamestown, New Mexico. The CAFO was issued in response to violations of: 1) failing to make Hazardous Waste Determinations; 2) sending Hazardous Waste to a facility that does not have a RCRA Identification Number and is not permitted to treat, store, or dispose hazardous waste; 3) failing to use hazardous waste Manifests for shipping hazardous wastes. The CAFO requires the Western Refining Southwest-Gallup Refinery to: 1) within 45 days, certify that it has developed and implemented a standard operating procedure (?SOP?) for conducting hazardous waste determinations on all solid wastes generated at the facility. The SOP must be compliant with 40 C.F.R. ? 261 and 40 C.F.R. ? 268. For a period of one year from the effective date of the CAFO the environmental health and safety manager of the facility must review and sign-off on every solid and hazardous waste determination made at the facility; 2) within 6 months, certify that it has developed and is implementing a training program, for both current employees and new hires, compliant with 40 C.F.R. ? 265.16; 3) within 45 days, certify that it has established a system of management review of solid and hazardous waste determinations at the facility. This management oversight system must be sufficient to provide adequate oversight of waste determinations and ensure that hazardous wastes are managed appropriately; 4) within 45 days, provide a detailed narrative description explaining changes made at the facility to ensure the proper handling and disposition of hazardous wastes at the facility since the February 20, 2018 disclosure of improper shipments of hazardous wastes to the Gandy-Marley, Inc. landfill and explain the steps taken to prevent a recurrence of improper disposal of hazardous wastes generated at the facility; 5) within 6 months, provide, with its certifications, copies of the SOPs, training program description and implementation documentation, and the management review program documentation. Western Refining must respond to EPA Region 6 within 45 days of the effective date of the CAFO.

Defendants (1)

• Western Refining Southwest-Gallup RefineryNamed in complaintNamed in settlement

Facilities (1)

• GALLUP REFINERY

  I-40 EXIT 39, JAMESTOWN, NM, 87347

  Registry ID: 110011031052

Statutes cited

• RCRA 3002 — Standards Applicable to Generators of Hazardous Waste
• RCRA 3008A — Compliance Order: Injunctive & Penalty

Enforcement conclusions (1)

• Western Refining Southwest-Gallup Refineryentered 2019-04-02

  Primary law: RCRA

  Federal penalty: $148,303

Timeline (3 milestones)

• 2019-04-02Final Order Issued
• 2019-04-02Complaint Filed/Proposed Order
• 2019-04-09Enforcement Action Data Entered