EPA v. ASAMERA OIL, INC.

Case summary

NATURE OF THE CASE THIS IS A CIVIL ACTION AGAINST ASAMERA OIL (U.S.), INC., PURSUANT TO SECTION 113(B) OF THE CLEAN AIR ACT, 42 U.S.C. 7413(B), SEEKING COMPLIANCE WITH A PERMIT EPA ISSUED TO ASAMERA PURSUANT TO EPA'S PREVENTION OF SIGNIFICANT DETER- IORATION (PSD) REGULATIONS, 40 C.F.R. 52.21(I), FOR EXPAN- SION OF A REFINERY ASAMERA OWNS AND OPERATES IN COMMERCE CITY, COLORADO, AN INDUSTRIAL SUBURB OF DENVER. CAUSE OF ACTION THIS ACTION ALLEGES THAT ASAMERA HAS FAILED TO OPERATE A SULFUR RECOVERY PLANT AT ITS COMMERCE CITY REFINERY FOR OVER FIFTEEN MONTHS IN VIOLATION OF CONDITION 2 OF ITS PSD PERMIT AND THAT SUCH VIOLATION HAS CONTINUED FOR MORE THAN THIRTY DAYS AFTER NOTIFICATION TO THE SOURCE AND THE STATE OF COLORADO. EPA ISSUED A PSD PERMIT TO ASAMERA ON FEBRUARY 28, 1979 AUTHORIZING THE INSTALLATION OF A CRUDE VACUUM UNIT AND DE- SULFURIZER REFORMER AT THE COMMERCE CITY REFINERY. CONDI- TION 2 OF THE PERMIT REQUIRED ASAMERA TO CONTROL SULFUR EMISSIONS FROM THE EXPANSION BY INSTALLING A SULFUR RECOVERY PLANT CONSISTING OF AN AMINE SCRUBBING UNIT AND A CLAUS SUL- FUR RECOVERY PLANT. BOTH OF THESE UNITS WERE TO BE OPERA- TING IN ACCORDANCE WITH PRESCRIBED EMISSION STANDARDS BY JANUARY 31, 1982. ASAMERA DID NOT START OPERATING THE CLAUS SULFUR RE- COVERY UNIT UNTIL AFTER EPA ISSUED A NOTICE OF VIOLATION OF CONDITION 2 OF THE PERMIT TO ASAMERA ON MARCH 24, 1983. OPERATIONS SINCE START UP HAVE BEEN INTERMITTENT; THE SOURCE HAS YET TO DEVELOP AN OPERATIONAL MODE THAT WILL ENABLE CONTINUOUS, EFFICIENT OPERATION OF THE UNIT AS REQUIRED BY THE PSD PERMIT CONDITIONS. PROPOSED REMEDY EPA IS INITIATING THIS ACTION TO OBTAIN AN INJUNCTION REQUIRING THE SOURCE TO DEVELOP A METHOD FOR CONTINUOUSLY OPERATING THE CLAUS UNIT IN COMPLIANCE WITH THE PSD PERMIT AND INCLUDING STIPULATED PENALTIES FOR FAILURE TO COMPLY WITH KEY OPERATING REQUIREMENTS. THE ACTION ALSO SEEKS CIVIL PENALTIES FOR PAST VIOLATIONS. THE REGION ANTICIPATES SETTLEMENT BY CONSENT DECREE, AND IS WILLING TO SUBSTANTIALLY REDUCE THE CIVIL PENALTIES SOUGHT TO ACHIEVE AN ACCEPTABLE COMPLIANCE SCHEDULE.

Defendants (1)

• ASAMERA OIL, INC.Named in complaintNamed in settlement

Facilities (4)

• COLORADO REFINING COMPANY

  5800 BRIGHTON BOULEVARD, COMMERCE CITY, CO, 80022

  Registry ID: 110032913024

• COLORADO REFINING COMPANY

  5800 BRIGHTON BOULEVARD, COMMERCE CITY, CO, 80022

  Registry ID: 110032913024

• COLORADO REFINING COMPANY

  5800 BRIGHTON BOULEVARD, COMMERCE CITY, CO, 80022

  Registry ID: 110032913024

• COLORADO REFINING COMPANY

  5800 BRIGHTON BOULEVARD, COMMERCE CITY, CO, 80022

  Registry ID: 110032913024

Statutes cited

• CAA 113 — Clean Air Act

Enforcement conclusions (1)

• ASAMERA OIL (US), INC.entered 1985-08-16

  Primary law: CAA

  Federal penalty: $75,000

Timeline (9 milestones)

• 1983-11-01Enforcement Action Data Entered
• 1983-11-01Referred To Headquarters
• 1983-11-28Referred To Dept Of Justice
• 1984-07-13Referred TO U.S. Attorney
• 1984-08-23Complaint Filed With Court
• 1985-08-16Final Order Lodged
• 1985-08-16Final Order Entered
• 1985-08-16Concluded
• 1985-09-05Enforcement Action Closed