EPA v. KERN OIL & REFINING COMPANY

Case summary

THE KERN OIL AND REFINING CO., A CALIFORNIA CORPORATION OPERATES A PETROLEUM REFINING AND MARKETING FACILITY ABOUT 10 MILES SOUTHEAST OF BAKERSFIELD, CA. BAKERSFIELD IS A CI- TY LOCATED IN KERN COUNTY WHICH IS A NON-ATTAINMENT AREA FOR OZONE WHICH DID NOT OBTAIN AN EXTENSION UNTIL 1987. KERN'S FACILITY SUPPLIES APPROXIMATELY 840,000 GALLONS PER DAY OF PETROLEUM PRODUCTS AND EMPLOYEES ABOUT 90 PERSONS IN KERN COUNTY. KERN'S BULK GASOLINE TERMINAL HAS BEEN E- MITTING GASOLINE VAPORS FROM LIQUID AND VAPOR LEAKS IN VIO- LATION OF LOCAL AIR QUALITY RULES. 7/9/83, EPA INSPECTED KERN REFIN & FOUND GASOL LEAKS KERN'S LOADING RACK. KERN LISTED IN CDS AS SIGNF VIOLATOR IN W/IN MEANING OF SPMS. NOT OF VIOL WAS ISSUED BY EPA REGION 9 TO KERN 7/27/83. KERN WAS LISTED IN CDS AS A SIGNIFICANT VIOLATOR WITHIN MEANING OF SPMS. KERN RESPONDED THAT LEAKS WERE CORRECTED AND, THEREFORE, DECLINED TO MEET WITH EPA PURSUANT TO SEC- TION 113 OF THE CLEAN AIR ACT. ON SEPTEMBER 27, 1983 A CAL- IFORNIA AIR RESOURCES BOARD INSPECTOR INSPECTED THE KERN OIL REFINERY AND FOUND LIQUID AND VAPOR LEAKS FROM THE LOADING RACKS. ON FEBRUARY 14, 1984 AN EPA INVESTIGATOR AGAIN DE- TECTED LIQUID AND VAPOR LEAKS AT THE KERN LOADING ARMS. ON MARCH 22, 1984 EPA REGION IX ISSUED AN ADMINISTRATIVE ORDER TO KERN REQUIRING IT TO COME INTO COMPLIANCE WITH RULE 413. ON APRIL 24, 1984 A CONFERENCE BETWEEN KERN AND EPA REGION IX PERSONNEL WAS HELD PURSUANT TO SECTION 113 OF THE CLEAN AIR ACT. AT THE CONFERENCE KERN INDICATED THAT IT INTENDED TO CHANGE ITS GASOLINE LOADING OPERATION FROM TOP LOADING TO BOTTOM LOADING TO INSURE COMPLIANCE WITH RULE 413. KERN INDICATED, HOWEVER, THAT THE CONSTRUCTION WOULD NOT BE COM- PLETE UNTIL JANUARY 4, 1985. KERN AND EPA REGION IX AGREED TO NEGOTIATE A CONSENT DECREE WHICH WOULD RESOLVE THE ISSUE. A DRAFT CONSENT DECREE WAS SENT TO KERN ON AUGUST 21, 1984. A RESPONSE FROM KERN WAS RECEIVED ON SEPTEMBER 14, 1984. THE CONSENT DECREE REQUIRES KERN TO CONVERT TO BOTTOM LOAD- ING BY JANUARY 1, 1985. THE DECREE ALSO SPECIFIES THAT RE- PORTING REQUIREMENTS, INSPECTION MAINTANENCE REQUIREMENTS AND STIPULATED PENALTIES. BECAUSE OF THE VOLUNTARY NATURE OF KERN'S CONVERSION, CIVIL PENALTIES WERE NOT DEEMED APPRO- PRIATE.

Defendants (1)

• KERN OIL & REFINING COMPANYNamed in complaintNamed in settlement

Facilities (1)

• KERN OIL & REFINING COMPANY

  7724 EAST PANAMA LANE, BAKERSFIELD, CA, 933079210

  Registry ID: 110000481611

Statutes cited

• CAA 110 — Implementation Plan for National Primary and Secondary Ambient Air Quality Standards

Enforcement conclusions (1)

• KERN OIL & REFINING COMPANYentered 1985-05-03

  Primary law: CAA

  Federal penalty: $2,000

Timeline (9 milestones)

• 1984-07-15Enforcement Action Data Entered
• 1984-09-27Referred To Headquarters
• 1984-10-23Referred To Dept Of Justice
• 1985-01-23Referred TO U.S. Attorney
• 1985-04-30Complaint Filed With Court
• 1985-05-03Final Order Lodged
• 1985-05-03Final Order Entered
• 1985-05-03Concluded
• 1986-11-01Enforcement Action Closed