EPA v. COLORADO REFINING COMPANY

Case summary

A PSD PERMIT WAS ISSUED BY EPA TO ASAMERA OIL ON FEBRUARY 28, 1979. A MODIFICATION TO THIS PERMIT WAS ISSUED ON DECEMBER 9, 1986. IT IS VIOLATIONS OF THE 1986 MODIFIED PERMIT THAT FORM REISSUED THIS PERMIT; EPA THEREFORE HAS PRIMARY ENFORCEMENT AUTHORITY OF ITS TERMS. PURSUANT TO THE 1986 MODIFIED PERMIT, FUEL GAS FROM THE AMINE UNIT SHALL NOT CONTAIN MORE THAN 0.080 GRAINS OF HYDROGEN SULFIDE PER DRY STANDARD CUBIC FOOLT. MONITORING CONDITIONS REQUIRE DEFENDANT TO REPORT PERIODS OF EXCESS EMISSIONS FROM THE AMINE UNIT. REVIEW OF THE FACILITY'A RECORDS INDICATED THAT FROM MARCH 11, 1988 TO MARCH 22, 1988 EMISSIONS FROM THE AMINE UNIT EXCEEDED THE EMISSION LIMITATION. EPA WAS NOT NOTIFIED OF THIS PERIOD OF EXCESSIVE EMISSIONS. DEFENDANT WERE REQUIRED TO INSTALL CONTINUOUS EMISSION MONITORS (CEMS) WITHIN 90 DAYS OF THE EFFECTIVE DATE OF THE MODIFIED PERMIT, AND TO CERTIFY THE CEMS WITHIN 180 DAYS OF INSTALLATION. DEFENDANT PERFORMED THE CERTIFICATION TEST MORE THAN 180 DAYS AFTER THE LATEST ALLOWABLE DATE OF INSTALLATION. DEFENDANT WAS REQUIRED TO SUBMIT AN ACCEPTABLE TEST PROTOCOL FOR CEM CERTIFICATION TO EPA 45 DAYS IN ADVANCE OF THE CERTIFICATION TESTING. DEFENDANT DID NOT SUBMIT AN ACCEPTABLE TEST PROTOCOL 45 DAYS IN ADVANCE OF THE TESTING. DEFENDANT WAS REQUIRED TO PREPARE AND IMPLEMENT A QUALITY CONTROL PROGRAM FOR THE CONTINUOUS MONITORING SYSTEMS WITHIN 180 DAYS OF THE EFFECTIVE DATE OF THE MODIFIED PERMIT. DEFENDANT DID NOT SUBMIT A QUALITY CONTROL PROGRAM WITHIN 180 DAYS OF THE EFFECTIVE DATE OF THE MODIFIED PERMIT.

Defendants (1)

• COLORADO REFINING COMPANYNamed 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 165 — Prevention of Significant Deterioration (PSD)

Enforcement conclusions (1)

• COLORADO REFINING COMPANYentered 1990-08-27

  Primary law: CAA

  Federal penalty: $90,000

Timeline (9 milestones)

• 1988-12-13Enforcement Action Data Entered
• 1989-03-08PRN Sent
• 1990-05-04Referred To Dept Of Justice
• 1990-07-09Referred TO U.S. Attorney
• 1990-07-09Complaint Filed With Court
• 1990-08-27Final Order Lodged
• 1990-08-27Final Order Entered
• 1990-08-27Concluded
• 1990-09-15Enforcement Action Closed