EPA v. NATIONAL COOPERATIVE REFINERY ASSOCIATION (NCRA)

Case summary

5/16/01: ON MAY 2, 2001, REGION VII SENT A REFERRAL PACKAGE TO DEPARTMENT OF JUSTICE FOR VIOLATIONS OF THE CLEAN AIR AC T BY DEFENDANT NATIONAL COOPERATIVE REFINERY ASSOCIATION (NC RA). NCRA IS A COOPERATIVE WHICH OPERATES A REFINERY IN COF FEYVILLE, KANSAS. IN NOVEMBER 1999, NCRA NOTIFIED EPA AND K ANSAS DEPARTMENT OF HEALTH AND ENVIRONMENT (KDHE) OF IT VOLU NTARY SELF-DISCLOSURE OF POTENTIAL VIOLATIONS OF SECTIONS 11 0 AND 111 OF THE CLEAN AIR ACT, 42 U.S.C. aa 7410 AND 7411, PARTICULARLY THE NEW SOURCE REVIEW AND PREVENTION OF SIGNIFI CANT DETERIORATION (PSD) REGULATIONS AT K.A.R. 28-19-17A (IN CORPORATING 40 C.F.R. a 52.21), AND THE NEW SOURCE PERFORMAN CE STANDARDS (NSPS) AT 40 C.F.R. PART 60. NCRA DISCLOSED TH AT THE VIOLATIONS WERE DISCOVERED THROUGH A SELF-AUDIT PROCE SS, BUT THAT FURTHER REVIEW WAS NEEDED TO SORT OUT THE POTEN TIAL VIOLATIONS AND HISTORICAL DATA. NCRA SUBMITTED ITS SEL F-AUDIT REPORT TO EPA AND KDHE ON SEPTEMBER 19, 2000. EPA, KDHE, AND NCRA HAVE RECENTLY MADE SIGNIFICANT PROGRESS TOWARD REACHING AGREEMENT ON COMPLIANCE WITH RESPECT TO THE VIOLATIONS. A FOLLOW-UP MEETING BETWEEN EPA'S, KDHE'S, AND NCRA'S TECHNICAL STAFF IS SCHEDULED FOR MAY 15, 2001. P ATRICK FOLEY, EPA REGION 3, WILL ATTEND THIS MEETING. MR. F OLEY HAS BEEN INVOLVED WITH THE NATIONAL REFINERY SETTLEMENT S AT EPA HEADQUARTERS. A PRE-MEETING BETWEEN TECHNICAL AND LEGAL STAFF OF KDHE AND EPA, INCLUDING MR. FOLEY, WILL OCCUR ON MAY 14, 2001. EPA PREVIOUSLY REFERRED VIOLATIONS AGAINS T NCRA UNDER THE CLEAN WATER ACT, THE RESOURCE CONSERVATION AND RECOVERY ACT, THE EMERGENCY PLANNING AND COMMUNITY RIGHT -TO-KNOW ACT, THE COMPREHENSIVE ENVIRONMENTAL RESPONSE, COMP ENSATION AND LIABILITY ACT, AND THE CLEAN AIR ACT TO DEPARTM ENT OF JUSTICE. NEGOTIATIONS ON THIS CASE HAVE BEEN PROCEED ING SEPARATELY.

Defendants (1)

• NATIONAL COOPERATIVE REFINERY ASSOCNamed in complaintNamed in settlement

Facilities (2)

• NATL COOPERATIVE REFINERY ASSOCIATION

  1391 IRON HORSE RD, MCPHERSON, KS, 67460

  Registry ID: 110015862440

• NATL COOPERATIVE REFINERY ASSOCIATION

  1391 IRON HORSE RD, MCPHERSON, KS, 67460

  Registry ID: 110015862440

Statutes cited

• RCRA 3008A — Compliance Order: Injunctive & Penalty
• EPCRA 304 — Emergency Release Notification Section 313 Program
• CAA 111 — New Source Performance Standards
• CERCLA 103A — Notification of Hazardous Reportable Quantity Release
• CWA 311[B][1] — Clean Water Act, OPA
• CAA 110 — Implementation Plan for National Primary and Secondary Ambient Air Quality Standards

Enforcement conclusions (1)

• NATIONAL COOPERATIVE REFINERY ASSOCIATION (NCRA)entered 2003-01-22

  Primary law: CAA

  Federal penalty: $950,000 · SEP: $158,214

Timeline (6 milestones)

• 2001-05-02Referred To Dept Of Justice
• 2001-05-16Enforcement Action Data Entered
• 2002-10-11Complaint Filed With Court
• 2002-10-11Final Order Lodged
• 2003-01-22Final Order Entered
• 2003-02-22Enforcement Action Closed