EPA v. MOBIL OIL CORPORATION

Case summary

MOBIL OWNS AND OPERATES A PETROLEUM REFINERY IN TORRANCE, CALIFORNIA. IN 1994, THE NATIONAL ENFORCEMENT INVESTIGATION CENTER AND REGION IX CONDUCTED A MULTIMEDIA INSPECTION OF THE REFINERY. BASED ON THAT INSPECTION, AND SUBSEQUENT INVESTIGATION BY REGION IX, VIOLAIONS OF SEVERAL STATUTES HAVE BEEN FOUND. THE MOST SIGNIFICANT VIOLATIONS FOUND RESULTED FROM MOBIL'S DISCHARGES OF STORMWATER IN VIOLATION OF CLEAN WATER ACT REQUIREMENTS AND ITS FAILURE TO FOLLOW REQUIRED LABORATORY PROCEDURES FOR THE ANALYSIS OF WASTE- WATER SAMPLES. THE FOLLOWING VIOLATIONS ARE BEING REFERRED IN THIS ACTION: CLEAN WATER ACT MOBIL'S TORRANCE REFINERY DISCHARGES PROCESS WASTEWATER TO THE COUNTY SANITATION DISTRICTS OF LOS ANGELES COUNTY PUBLICLY OWNED TREATMENT WORKS, AND STORMWATER AND TREATED GROUNDWATER TO DOMINGUEZ CHANNEL AND SAN PEDRO BAY. MOBIL'S PROCESS WASTEWATER DISCHARGE IS REGULATED BY PRETREATMENT STANDARDS SET OUT AS 40 C.F.R 403. MOBIL'S STORMWATER AND TREATED GROUNDWATER DISCHARGES ARE REGULATED BY AN NPDES PERMIT ISSUED PURSUANT TO SECTION 402 OF THE CLEAN WATER ACT. MOBIL'S STORMWATER AND TREATED GROUNDWATER DISCHARGES HAVE REPEATEDLY VIOLATED NPDES PERMIT REQUIREMENTS GOVERNING EFFLUENT QUALITY. REGION IX HAS DOCUMENTED 300 DAYS OF VIOLATION OF NPDES LIMITATIONS REGULATING THE LEVELS OF PETROLEUM HYDROCARBONS, METAL, AND TOXICITY IN MOBIL'S WASTEWATER DISCHARGE. IN ADDITION, MOBIL'S LABORATORY ANALYSIS PROCEDURES HAVE VIOLATED NUMEROUS REQUIREMENTS OF ITS NPDES PERMIT AND APPLICABLE PRETREATMENT REGULATIONS (40 C.F.R. SECTION 403.12(G)(4). CLEAN AIR ACT MOBIL'S TORRANCE REFINERY HAS VIOLATED NEW SOURCE PERFORMANCE STANDARDS PROMULGATED AT 40 C.F.R. PART 60. SPECIFICALLY, MOBIL HAS VIOLATED SUBPART GGG OF PART 60 THROUGH ITS FAILURE TO USE ADEQUATE FLARES TO COMBUST FUGUTIVE EMISSIONS OF VOLATILE ORGANIC COMPOUNDS HAS GENERATED BY THE REFINERY'S PROCESS EQUIPMENT. ALSO, MOBIL HAS VIOLATED SUBPART QQQ OF PART 60 THROUGH ITS FAILURE TO PROPERLY CERTIFY WHETHER IT HAS EQUIPMENT ADEQUATE TO CONTROL VOC EMISSIONS FROM THE REFINERY'S WASTEWATER TREATMENT SYSTEM. EPCRA AND CERCLA MOBIL HAS VIOLATED NOTIFICATION AND REPORTING REQUIREMENTS OF EPCRA AND CERCLA WITH REGARD TO RELEASES OF CERTAIN TOXIC CHEMICAL AND HAZARODOUS SUBSTANCES. MOBIL HAS FAILED TO TIMELY NOTIFY RELEVANT AUTHORITIES OF CERTAIN RELEASES OF HAZARDOUS SUBSTANCES IN VIOLATION OF CERCLA SECTION 103 AND EPCRA SECTION 304. MOBIL ALSO FAILED TO ACCURATELY REPORT ITS RELEASES OF TOXIC CHEMICALS IN 1991 IN VIOLATION OF EPCRA 313. REGION IX IS SEEKING AN APPROPRIATE CIVIL PENALTY TO ADDRESS EACH OF THESE VIOLATIONS, AND INJUNCTIVE RELIEF TO REQUIRE COMPLIANCE WITH THE CLEAN AIR ACT NSPS REQUIREMENTS, AND THE CLEAN WATER ACT STORMWATER AND LABORATORY ANALYSIS REQUIREMENTS. FOR THE CLEAN AIR ACT VIOLATIONS, REGION IX IS SEKING AT LEAST $83,000 IN CIVIL PENALTIES. FOR THE EPCRA AND CERCLA VIOLATIONS, REGION IX IS SEEKING AT LEAST $97,000 IN CIVIL PENALTIES. AS DISCUSSED IN THE LITIGATION REPORT, MORE INFORMATION IS NEEDED BEFORE REGION IX CAN PROPOSE A BOTTOM LINE PENALTY FOR THE CLEAN WATER ACT VIOLATIONS. ++++++++++++++++++++++++++++++ REGIONAL ATTORNEYS: JO ANN ASAMI 415-744-1357 HUGH BARROLL 415-744-1321 (CWA) REGIONAL PROGRAM: KIM (CAA) KLUG (CWA) VOLPINI (EPCRA)

Defendants (2)

• MOBIL OIL CORPORATIONNamed in settlement
• MOBIL PETROLEUM COMPANY, INC.Named in settlement

Facilities (1)

• EXXON MOBIL TORRANCE REFINERY

  3700 WEST 190TH STREET, TORRANCE, CA, 905092929

  Registry ID: 110069359063

Statutes cited

• EPCRA 313 — Toxic Chemical Release Reporting (TRI)
• CWA 309 — Violation of Existing AO
• EPCRA 304 — Emergency Release Notification Section 313 Program
• CERCLA 103A — Notification of Hazardous Reportable Quantity Release
• CAA 111 — New Source Performance Standards
• CWA 301/307 — Effluent Limitations - NPDES Toxic & Pretreatment Effluent Standards

Enforcement conclusions (1)

• MOBIL OIL CORPORATIONentered 2000-11-30

  Primary law: CWA

  Federal penalty: $500,000

Timeline (6 milestones)

• 1993-04-11Enforcement Action Data Entered
• 1996-09-30Referred To Dept Of Justice
• 2000-09-28Final Order Lodged
• 2000-09-28Complaint Filed With Court
• 2000-11-30Final Order Entered
• 2016-08-18Enforcement Action Closed