EPA v. ULTRAMAR, INC.

Case summary

ULTRAMAR INC. OWNS AND OPERATES A PETROLEUM REFINERY IN WILMINGTON, CALIFORNIA. THE REFINERY OPERATES A PETROLEUM LIQUID STORAGE VESSEL THAT IS AN AFFECTED FACILITY UNDER THE ACT'S NEW SOURCE PERFORMANCE STANDARDS. THE STORAGE VESSEL, VESSEL NO. 82-T-1, STORES GASOLINE BLENDSTOCK. THE VESSEL IS EQUIPPED WITH AN EXTERNAL FLOATING ROOF AND SLOTTED GUIDE-POLE THAT EXTENDS THROUGH AN OPENING IN THE ROOF. PURSUANT TO 40 C.F.R. SECTION 60.112A(A)(1)(III), ALL OPENINGS IN THE ROOF OF ULTRAMAR'S EXTERNAL FLOATING ROOF STORAGE VESSEL MUST BE EQUIPPED WITH A COVER, SEAL OR LID WHICH IS TO BE MAINTAINED IN A CLOSED POSITION AT ALL TIMES (I.E., NO VISIBLE GAP) EXCEPT WHEN THE DEVICE IS IN ACTUAL USE. THE SLOTS IN THE GUIDE- POLE ARE VISIBLE GAPS THAT VIOLATE NSPS SUBPART KA. REGION 9 HAS PROPOSED A BOTTOM LINE CIVIL PENALTY OF $82,200.00. THE REGION WILL ALSO SEEK INJUNCTIVE RELIEF REQUIRING ULTRAMAR TO REMEDY THE VISIBLE GAP PROBLEM AT VESSEL NO. 82-T-1. ADDITIONALLY, THE REGION WILL SEEK TO HAVE ULTRAMAR 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 VESSEL NO 82-T-1, AND THUS BE JUSTIFIED AS PART OF INJUNCTIVE RELIEF) OR AS A SUPPLEMENTAL ENVIRONMENTAL PROJECT.

Defendants (1)

• ULTRAMAR, INC.Named in complaintNamed in settlement

Facilities (1)

• ULTRAMAR INCORPORATED

  2402 E. ANAHEIM ST., WILMINGTON, CA, 90744

  Registry ID: 110000746658

Statutes cited

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

Enforcement conclusions (1)

• ULTRAMAR, INC.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
• 1996-09-24Final Order Lodged
• 1996-09-24Final Order Entered
• 1996-09-24Concluded