EPA v. CHEVRON RICHMOND REFINERY

Case summary

CHEVRON OWNS AND OPERATES 8 PETROLEUM LIQUID STORAGE VESSELS AT THE REFINERY IN RICHMOND, CALIFORINA. THE STORAGE TANKS AT THESE FACILITIES CONTAIN PETROLEUM LIQUIDS IN VARIOUS FORMS SUCH AS GASOLINE AND CRUDE OIL. EIGHT OF THESE TANKS ARE SUBJECT TO THE NSPS STANDARDS AT 40 C.F.R. SUBPARTS KA AND KB. THESE SUBJECT TANKS ARE EQUIPPED WITH AN EXTERNAL FLOATING ROOF AND A SLOTTED GUIDEPOLE THAT EXTENDS THROUGH AN OPENING IN THE ROOF. THE SLOTTED GUIDEPOLE IS USED AS A SAMPLING WELL. CHEVRON INSTALLED INTERNAL SLEEVES IN THE SLOTTED GUIDEPOLES TO MINIMIZE EMISSIONS TO THE ATMOSPHERE. ALTHOUGH THE SLEEVES CONTROL ADDITIONAL EMISSIONS, THERE IS STILL ONE REMAINING VISIBLE GAP, IN VIOLATION OF NSPS SUBPART KA AND KB. CHEVRON IS SUBJECT TO EFFLUENT LIMITATIONS AND OTHER CONDITIONS SET FORTH IN ITS NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM PERMIT. CHEVRON VIOLATED THE CLEAN WATER ACT BY FAILING TO COMPLY WITH ITS NPDES PERMIT TERMS AND CONDITIONS. GENERALLY, CHEVRON EXCEEDED ITS PERMIT LIMITS FOR SELENIUM, NICKEL, PH, CYANIDE, MERCURY, ACUTE TOXICITY, AS REQUIRED BY ITS NPDES PERMIT. IN ADDITION, CHEVRON'S PARTIAL BYPASS OF ITS GAC TREATEMENT SYSTEM IS A VIOLATION OF AN NPDES PERMIT CONDITION PROHIBITING BYPASS. THERE HAVE BEEN SEVERAL RELEASES AT THE CHEVRON REFINERY FOR WHICH CHEVRON WAS REQUIRED TO PROVICE NOTICE. IN THESE INSTANCES, CHEVRON FAILED TO EITHER PROVIDE TIMELY NOTICE TO THE NATIONAL RESPONSE CENTER, THE LOCAL EMERGENCY COORDINATOR, AND/OR THE STATE EMERGENCY PLANNING COMMISSION OR FAILED TO PROVIDE A WRITTEN FOLLOW-UP REPORT TO BOTH THE LOCAL EMERGENCY COORDINATOR AND THE STATE EMERGENCY PLANNING COMMISSION OF A RELEASE ON JULY 24, 1991. CHEVRON HAS SUBMITTED EPCRA SECTION 313 REPORTS FOR THE YEARS 1989 THROUGH 1991, THE INFORMATION SUPPLIED HAS NOT ALWAYS BEEN COMPLETE OR ACCURATE. CHEVRON FAILED TO MAINTAIN DOCUMENTATION SUPPORTING THE CALCULATIONS OF THE QUANTITIES FOR TWO TOXIC CHEMICALS DURING 1990 AND 1991, AND FAILED TO PROVIDE COMPLETE AND REASONABLE ESTIMATES FOR SEVEN OTHER TOXIC CHEMICALS DURING THE 1989 THROUGH 1991. REGION 9 HAS PROPOSED A BOTTOM LINE SETTLEMENT FIGURE OF $296,400 FOR THE CAA VIOLATIONS. IN ADDITION, INJUNCTIVE RELIEF WOULD REQUIRE THE INSTALLATION OF SOLID GUIDEPOLES OR EMISSION CONTROL DEVICES AT THE NEXT TANK TURNAROUND AND EMISSIONS OFFSETS FOR VOC EMISSIONS GENERATED BY CHEVRON'S VIOLATIONS IN AN OZONE NONATTAINMENT AREA. REGION 9 WOULD CONSIDER A POTENTIAL SUPPLEMENTAL ENVIRONMENTAL PROJECT THAT WOULD REQUIRE CHEVRON TO RETROFIT TANKS EQUIPPED WITH SLOTTED GUIDEPOLES THAT ARE NOT SUBJECT TO NSPS SUBPARTS KA AND KB WITH SOLID GUIDEPOLES OR EMISSION CONTROL DEVICES. EPA IS SEEKING A MINIMUM SETTLEMENT AMOUNT OF $178,500 FROM CHEVRON FOR VIOLATIONS OF NPDES PERMIT TERMS AND THE CWA. IN ADDITION, REGION 9 SEEKS TO REQUIRE CHEVRON TO CEASE ALL BYPASSES OF ITS WASTEWATER TREATMENT SYSTEM AND ROUTE 100% OF ITS EFFLUENT THROUGH TREATMENT PRIOR TO DISCHARGE AT DEEP WATER OUTFALL 001. REGION 9 SEEKS TO RECOVER A SETTLEMENT AMOUNT OF AT LEAST $31,600 FOR CHEVRON'S CERCLA SECTION 103(A) VIOLATIONS, $40,000 FOR ITS EPCRA SECTION 304(A) VIOLATIONS, AND $46,600 FOR ITS EPCRA SECTION 304(C) VIOLATIONS. EPA SEEKS TO RECOVER A SETTLEMENT AMOUNT OF AT LEAST $103,000 FOR CHEVRON'S EPCRA SECTION 313 VOILATIONS.

Defendants (3)

• CHEVRON PIPE LINE COMPANYNamed in complaintNamed in settlement
• CHEVRON RICHMOND REFINERYNamed in complaintNamed in settlement
• CHEVRON U.S.A. INC.Named in complaintNamed in settlement

Facilities (1)

• CHEVRON PRODUCTS COMPANY RICHMOND REFINERY

  841 CHEVRON WAY, RICHMOND, CA, 948020627

  Registry ID: 110020506460

Statutes cited

• CWA 301 — NPDES Discharge without a Permit
• CWA 309 — Violation of Existing AO
• EPCRA 313 — Toxic Chemical Release Reporting (TRI)
• EPCRA 304 — Emergency Release Notification Section 313 Program
• CAA 113 — Clean Air Act
• EPCRA 325 — Enforcement: Civil/Admin. Penalties and Procedures for Admin. Penalties including subpoenas
• CERCLA 109 — Superfund
• CWA 402 — Clean Water Act
• CAA 111 — New Source Performance Standards

Enforcement conclusions (2)

• CHEVRON U.S.A. (CWA COUNTS)entered 1999-02-09

  Primary law: CAA

  Federal penalty: $650,000

• CHEVRON U.S.A. INC (CAA COUNTS)entered 1996-08-13

  Primary law: CAA

Timeline (5 milestones)

• 1993-03-01Enforcement Action Data Entered
• 1994-09-30Referred To Dept Of Justice
• 1996-06-05Complaint Filed With Court
• 1999-01-08Final Order Lodged
• 1999-02-09Final Order Entered