EPA v. WITCO CORPORATION

Case summary

WITCO CORPORATION (FORMERLY WITCO CHEMICAL CORPORATIONS, WITCO ) IS A LARGE CHEMICAL MANUFACTURER BASED IN NEW YORK, NEW YORK AND OWNS AND OPERATES AN OIL REFINERY IN OILDALE, CALIFORNIA A TOWN IN THE SAN JOAQUIN VALLEY NEAR BAKERSFIELD WITCO OPERATES A GAS TURBINE COGENERATION SYSTEM (THE FACILITY ) TO SUPPLY BOTH STEAM AND ELECTRIC POWER AT THE REFINERY. WITCO ALSO SELLS ELECTRIC POWER TO PACIFIC GAS AND ELECTRIC COMPANY. WITCO APPLIED FOR A PREVENTION OF SIGNIFICANT DETERIORA- TION ( PSD ) PERMIT FOR THE GAS FIRED TURBINE COGENERATION SYSTEM ON APRIL 6, 1983. THE EPA ISSUED THE PERMIT ON NOVEMBER 2, 1983. THE QUARTERLY OPERATION REPORT SUBMITTED BY WITCO FOR THE MONTHS OF JULY 1989 THROUGH SEPTEMBER 1989, JANUARY 1990 THROUGH MARCH 1990 AND JANUARY 1991 THROUGH MARCH 1991, DOCUMENT THAT WITCO VIOLATED THE OXIDES OF NITROGEN EMISSION LIMIT BASED ON A 24 HOUR AVERAGE TWENTY EIGHT TIMES DURING THOSE THREE QUARTERS. WITCO'S REPEATED EXCESS EMISSIONS WERE CAUSED BY THE WATER INJECTION SYSTEM (THE NOX POLLUTINO CONTROLS) CONTINUALLY BREAKING DOWN. THIS PATTERN OF REPEATED BREAKDOWN AND WITCO'S OPERATING THE TURBINE WITHOUT AIR POLLUTION CONTROLS FOR AS LONG AS 15 DAYS BECAUSE OF THE BREAKDOWNS IS ALSO A VIOLATION OF THE REQUIREMENT OF THE NEW SOURCE PERFORMANCE STANDARD CONTAINED IN 40 C.F.R 60.11(D) TO OPERATE THE AIR POLLUTION CONTROL EQUIPMENT IN A MANNER CONSISTENT WITH GOOD AIR POLLUTION CONTROL PRACTIVE FOR MINIMIZING EMISSIONS. EPA ISSUED A NOTICE OF VIOLATION ( NOV ) FOR THE VIOLATIONS OF THE PERMIT AND A FINDING OF VIOLATION ( FOV ) AND AN ADMINISTRATIVE ORDER ( ORDER ) FOR THE VIOLATION OF THE NSPS ON SEPTEMBER 30, 1991. IN SUBMITTING THIS LITIGATION REPORT, THE REGION SEEKS TO BRING A CIVIL ACTION IN UNITED STATES DISTRICT COURT TO RECOVER PENALTIES AND TO OBTAIN INJUNCTIVE RELIEF REQUIRING WITCO TO COMPLY WITH THE PSD PERMIT LIMITS AND WITH THE APPLICABLE NSPS REQUIREMENTS.

Defendants (1)

• WITCO CORPORATIONNamed in complaint

Facilities (2)

• WITCO CORPORATION

  1134 MANOR STREET, BAKERSFIELD, CA, 93308

  Registry ID: 110017407153

• WITCO CORPORATION

  1134 MANOR STREET, BAKERSFIELD, CA, 93308

  Registry ID: 110017407153

Statutes cited

• CAA 111 — New Source Performance Standards
• CAA 110 — Implementation Plan for National Primary and Secondary Ambient Air Quality Standards

Timeline (5 milestones)

• 1991-08-27Enforcement Action Data Entered
• 1991-09-30Referred To Dept Of Justice
• 1992-10-22Complaint Filed With Court
• 1995-06-07Concluded
• 1995-06-07Enforcement Action Closed