EPA v. TEXACO REFINING AND MARKETING, INC.

Case summary

AT ITS PETROLEUM REFINERY IN BAKERSFIELD, CALIFORNIA, TEXACO VIOLATED PROVISIONS OF THE APPLICABLE NEW SOURCE PERFORMANCE NOTIFICATIONS OF THE ACTUAL DATES OF INITIAL STARTUP FOR AFFECTED FACILITIES UNDER NSPS SUBPARTS J, GGG, AND QQQ; (II) FAILING TO CONDUCT PERFORMANCE TESTS IN A TIMELY MANNER; (III) OPERATING FLARES AT THE REFINERY WITHOUT MONITORING THE PRESENCE OF A PILOT FLAME; (IV) FAILING TO INSTALL WATER SEAL CONTROLS ON DRAINS SUBJECT TO NSPS SUBPART QQQ; AND (V) FAILING TO CERTIFY THAT IT HAD INSTALLED REQUIRED EQUIPMENT AND CARRIED OUT NECESSARY INSPECTIONS OF COMPONENTS AT THE REFINERY AS REQUIRED BY NSPS SUBPART QQQ. IN ADDITION, TEXACO VIOLATED CERCLA SECTION 103 AND EPCRA SECTION 304 ON 44 OCCASIONS BETWEEN JANUARY 1993 AND DECEMBER 1995 BY FAILING TO NOTIFY THE NATIONAL RESPONSE CENTER, THE LOCAL EMERGENCY PLANNING COMMITTEE, AND THE STATE EMERGENCY PLANNING COMMISSION THAT A HAZARDOUS OR EXTREMELY HAZARDOUS SUBSTANCE HAD BEEN RELEASED FROM ITS REFINERY IN AN AMOUNT ABOVE THE REPORTABLE QUANTITY FOR THAT SUBSTANCE. FINALLY, TEXACO VIOLATED EPCRA SECTION 313 BY FAILING TO SUBMIT FORM R REPORTS FOR SEVERAL TOXIC CHEMICALS USED AT THE REFINERY FROM 1991-95. 09/24/98: SETTLEMENT ENTERED ESTABLISHING PENALTY OF $560,000. 11/19/98: PAYMENT IN FULL RECEIVED. CASE CLOSED.

Defendants (1)

• TEXACO REFINING AND MARKETING, INC.Named in settlement

Facilities (4)

• EQUILLON (TEXACO) AND BAKERSFIELD REFINING (AREAS 1 & 2)

  6451 ROSEDALE HIGHWAY, BAKERSFIELD, CA, 93308

  Registry ID: 110017887330

• EQUILLON (TEXACO) AND BAKERSFIELD REFINING (AREAS 1 & 2)

  6451 ROSEDALE HIGHWAY, BAKERSFIELD, CA, 93308

  Registry ID: 110017887330

• EQUILLON (TEXACO) AND BAKERSFIELD REFINING (AREAS 1 & 2)

  6451 ROSEDALE HIGHWAY, BAKERSFIELD, CA, 93308

  Registry ID: 110017887330

• EQUILLON (TEXACO) AND BAKERSFIELD REFINING (AREAS 1 & 2)

  6451 ROSEDALE HIGHWAY, BAKERSFIELD, CA, 93308

  Registry ID: 110017887330

Statutes cited

• CERCLA 103A — Notification of Hazardous Reportable Quantity Release
• EPCRA 304 — Emergency Release Notification Section 313 Program
• EPCRA 313 — Toxic Chemical Release Reporting (TRI)
• CAA 111 — New Source Performance Standards

Enforcement conclusions (1)

• TEXACO REFINING AND MARKETING INC.entered 1998-09-24

  Primary law: CAA

  Federal penalty: $560,000

Timeline (7 milestones)

• 1994-10-01Enforcement Action Data Entered
• 1996-09-30Referred To Dept Of Justice
• 1998-09-22Complaint Filed With Court
• 1998-09-22Final Order Lodged
• 1998-09-24Concluded
• 1998-09-24Final Order Entered
• 1998-11-18Enforcement Action Closed