EPA v. MOBIL OIL CORPORATION

Case summary

MOBIL OIL CORPORATION (MOBIL) MANUFACTURES POLYSTYRENE FOAM PRODUCTS IN ITS FACILITY LOCATED AT 2024 NORRIS ROAD, BAKERSFIELD, CA. (BAKERSFIELD FACILITY). MOBIL IS A NEW YORK CORPORATION REGISTERED TO DO BUSINESS IN CA. ITS CORPORATE HEADQUARTERS ARE LOCATED AT 150 EAST 42ND STREET, NEW YORK, NEW YORK 10017. THE AIR POLLUTANTS EMITTED BY MOBIL OF CONCERN TO EPA ARE VOLATILE ORGANIC COMPOUNDS (VOCS). VOCS ARE PRECURSORS OF OZONE AND CONTRIBUTE DIRECTORY TO OZONE POLLUTION. UNDER THE CLEAN AIR ACT, PRIMARY AMBIENT AIR QUALITY STANDARDS HAVE BEEN PROMULGATED FOR OZONE. THE BAKERSFIELD FACILITY IS LOCATED IN THE KERN COUNTY AIR POLLUTION CONTROL DISTRICT (KCAPCD) WHICH IS A NONATTAINMENT AREA AFTER 1987. MOBIL VIOLATED SECTION 113 OF THE ACT, 42 U.S.C. 7413, BY FAILING TO MEET THE REQUIREMENTS OF THE FEDERALLY APPROVED STATE IMPLEMENTATION PLAN. A JOINT REGION IX AND KCAPCD INSPECTION BROUGHT MOBIL'S VIOLATIONS TO THE ATTENTION OF REGION IX. THESE VIOLATIONS CONSISTED OF EMITTING GREATER AMOUNTS OF VOCS THAN ALLOWED BY KCAPCD RULE 414.4 OF THE SIP . RULE 414.4 REQUIRES MOBIL TO CONTROL 95% OF ALL CONTROL- LABLE EMISSIONS OF VOCS OR TO USE NON-VOCS IN ITS MANUFAC- TURING PROCESS. MOBIL IS CURRENTLY IN COMPLIANCE WITH RULE 414.4. MOBIL HAS ACHIEVED COMPLIANCE BY SWITCHING TO A NON-VOC IN ITS MANUFACTURING PROCESS. THUS EPA IS REQUESTING ONLY A CIVIL PENLATY IN THIS CASE AND IS NOT SEEKING INJUNCTIVE RELIEF. ACIVIL PENALTY HAS BEEN CALCULATED FOR MOBIL PURSUANT TO EPA'S 1984 CIVIL PENALTY POLICY.

Defendants (1)

• MOBIL OIL CORPORATIONNamed in complaintNamed in settlement

Facilities (2)

• PACTIV CORPORATION

  2024 NORRIS ROAD, BAKERSFIELD, CA, 933082297

  Registry ID: 110000514845

• PACTIV CORPORATION

  2024 NORRIS ROAD, BAKERSFIELD, CA, 933082297

  Registry ID: 110000514845

Statutes cited

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

Enforcement conclusions (1)

• MOBIL OIL CORPORATIONentered 1993-02-04

  Primary law: CAA

  Federal penalty: $950,000

Timeline (8 milestones)

• 1985-07-30Enforcement Action Data Entered
• 1986-09-30Referred To Dept Of Justice
• 1987-04-14Referred TO U.S. Attorney
• 1987-04-30Complaint Filed With Court
• 1993-02-04Final Order Lodged
• 1993-02-04Final Order Entered
• 1993-02-04Concluded
• 1993-03-04Enforcement Action Closed