EPA v. UNION OIL COMPANY OF CALIFORNIA

Case summary

UNION OIL COMPANY OF CALIFORNIA OWNS AND OPERATES A PETROLEUM REFINERY IN CARSON, CALFIFORNIA. THE PETROLEUM STORAGE VESSELS AT THE REFINERY CONTAIN PETROLEUM LIQUIDS IN VARIOUS FORMS SUCH AS GASOLINE AND CRUDE OIL. THREE OF THE VESSELS ARE SUBJECT TO NEW SOURCE PERFORMANCE STANDARDS SET FORTH IN 40 C.F.R. PART 60, SUBPART KA, WHICH REQUIRE THAT CERTAIN TANKS EQUIPPED WITH EXTERNAL FLOATING ROOFS BE EQUIPPED WITH A COVER, SEAL OR LID WHICH IS TO BE MAINTAINED IN A CLOSED LID POSITION AT ALL TIMES (I.E., NO VISIBLE GAP) EXCEPT WHEN THE DEVICE IS IN ACTUAL USE. 40 C.F.R. SECTION 60.112(A) (1) (III). THESE THREEE STORAGE VESSELS HAVE SLOTTED GUIDE-POLES THAT EXTEND THROUGH AN OPENING IN THE ROOFS OF THE VESSELS. THE SLOTS IN THE GUIDE-POLES ARE VISIBLE GAPS THAT VIOLATE NSPS SUBPART KA. REGION 9 HAS PROPOSED A BOTTOM LINE CIVIL PENALTY OF $256,200. THE REGION WILL ALSO SEEK INJUNCTIVE RELIEF REQUIRING UNOCAL TO REMEDY THE VISIBLE GAP PROBLEM AT ITS THREE STORAGE VESSELS SUBJECT TO NSPS SUBPART KA. ADDITIONALLY, THE REGION WILL SEEK TO HAVE UNOCAL RETROFIT TANKS EQUIPPED WITH SLOTTED GUIDE-POLES THAT ARE NOT SUBJECT TO NSPS SUBPART KA WITH EMISSION CONTROL DEVICES, EITHER AS A PART OF A COMPREHENSIVE INJUNCTIVE RELIEF PACKAGE (SUCH RETROFITTING COULD COMPENSATE FOR PHASED-IN COMPLIANCE WITH SUBPART KA AT THE THREE NONCOMPLYING VESSELS, AND THUS BE JUSTIFIED AS PART OF INJUNCTIVE RELIEF) OR AS A SUPPLEMENTAL ENVIRONMENTAL PROJECT.

Defendants (1)

• UNION OIL COMPANY OF CALIFORNIANamed in complaintNamed in settlement

Facilities (1)

• TOSCO REFINING COMPANY LOS ANGELES REFINERY CARSON PLANT

  1520 E. SEPULVEDA BLVD., CARSON, CA, 90745

  Registry ID: 110038102969

Statutes cited

• CAA 113 — Clean Air Act
• CAA 111 — New Source Performance Standards

Enforcement conclusions (1)

• UNION OIL COMPANY OF CALIF.entered 1996-09-24

  Primary law: CAA

Timeline (6 milestones)

• 1994-08-05Enforcement Action Data Entered
• 1994-09-30Referred To Dept Of Justice
• 1996-09-17Complaint Filed With Court
• 1996-09-24Concluded
• 1996-09-24Final Order Lodged
• 1996-09-24Final Order Entered