EPA v. MOBIL OIL CORPORATION

Case summary

THE MOBIL OIL CORPORATION OWNS AND OPERATES SEVERAL PETROLEUM LIQUID STORAGE VESSELS AT A PETROLEUM REFINERY IN TORRANCE, CALIFORNIA. THE STORAGE VESSELS AT THE REFINERY CONTAIN PETROLEUM LIQUIDS IN VARIOUS FORMS SUCH AS GASOLINE AND CRUDE OIL. MOBIL OPERATES TWO EXTERNAL FLOATING ROOF PETROLEUM LIQUID STORAGE VESSELS AT THE REFINERY THAT ARE AFFECTED FACILITIES PURSUANT TO THE ACT'S NEW SOURCE PERFORMANCE STANDARDS. THE RELEVANT NSPS REGULATIONS ARE SET FORTH AT 40 C.F.R. PART 60, SUBPART KA. THESE VESSELS ARE EQUIPPED WITH SLOTTED GUIDE-POLES WHICH EXTEND THROUGH AN OPENING IN THE ROOF. PURSUANT TO 40 C.F.R. SECTION 60.112(A)(1)(III), ALL OPENINGS IN THE ROOFS OF MOBIL'S EXTERNAL FLOATING ROOF STORAGE VESSELS 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-POLES ARE VISIBLE GAPS THAT ALLOW THE RELEASE OF VOC EMISSIONS INTO THE ENVIRONMENT. MOBIL HAS VIOLATED THE NSPS SUBPART KA REQUIREMENT BY INSTALLING AND OPERATING ITS SUBJECT TANKS WITH THESE VISIBLE GAPS. IN ADDITION, MOBIL OPERATES FOUR PETROLEUM LIQUID STORAGE VESSELS THAT ARE AFFECTED FACILITIES PURSUANT TO NSPS SUBPART KB AND ARE SUBJECT TO THE REQUIREMENTS OF SECTION 60.112B(A)(2)(II). THESE VESSELS ARE ALSO EQUIPPED WITH EXTERNAL FLOATING ROOFS AND SLOTTED GUIDE-POLES THAT EXTEND THROUGH AN OPENING IN THE ROOFS. PURSUANT TO 40 C.F.R. SECTION 60.112B(A)(2)(II), EACH OPENING IN THE ROOF IS ... TO BE EQUIPPED WITH A GASKETED COVER, SEAL OR LID THAT IS TO BE MAINTAINED IN A CLOSED POSITION AT ALL TIMES (I.E., NO VISBLE GAP) EXCEPT WHEN THE DEVICE IS IN ACTUAL USE. THE SLOTS IN THE GUIDE-POLES ARE VISIBLE GAPS THAT ALLOW THE RELEASE OF VOC EMISSIONS INTO THE ENVIRONMENT. MOBIL HAS VIOLATED THE NSPS SUBPART KB REQUIREMENT BY INSTALLING AND OPERATING ITS SUBJECT TANKS WITH THESE VISIBLE GAPS. REGION 9 HAS PROPOSED A BOTTOME LINE CIVIL PENALTY OF $327,600. THE REGION WILL ALSO REQUIRE MOBIL TO ELIMINATE THE VISIBLE GAPS IN ITS EXTERNAL ROOFS TO ACHIEVE COMPLIANCE WITH THE NSPS. THIS CAN BE ACCOMPLISHED IN TWO PHASES. FIRST, REGION 9 WOULD REQUIRE MOBIL TO INSTALL AN INTERIM CONTROL DEVICE -- AN INTERNAL SLEEVE -- IN THE SLOTTED GUIDE-POLE. SECOND, REGION 9 WILL REQUIRE MOBIL TO INSTALL A SOLID GUIDE-POLE AT THE NEXT TANK TURNAROUND. REGION 9 WILL ALSO ATTEMPT TO NEGOTIATE A SUPPLEMENTAL ENVIRONMENTAL PROJECT WITH MOBIL; REGION 9 WOULD LIKE MOBIL TO COMMIT TO RETROFIT OTHER VESSELS CURRENTLY EQUIPPED WITH SLOTTED GUIDE-POLES BUT NOT SUBJECT TO NSPS SUBPARTS KA AND KB WITH EMISSION CONTROL DEVICES (SUCH AS SOLID GUIDE-POLES OR SLEEVES) TO FURTHER REDUCE VOC EMISSIONS AT THE REFINERY.

Defendants (1)

• MOBIL OIL CORPORATIONNamed in complaintNamed in settlement

Facilities (1)

• EXXON MOBIL TORRANCE REFINERY

  3700 WEST 190TH STREET, TORRANCE, CA, 905092929

  Registry ID: 110069359063

Statutes cited

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

Enforcement conclusions (1)

• MOBIL OIL COMPANYentered 1996-10-03

  Primary law: CAA

Timeline (6 milestones)

• 1994-07-08Enforcement Action Data Entered
• 1994-09-30Referred To Dept Of Justice
• 1996-09-26Complaint Filed With Court
• 1996-10-03Final Order Lodged
• 1996-10-03Final Order Entered
• 1996-10-03Concluded