EPA v. TEXACO EXPLORATION AND PRODUCTION, INC.

Case summary

THIS IS A REFERRAL TO THE DEPARTMENT OF JUSTICE FOR ENFORCEMENT AGAINST TEXACO EXPLORATION AND PRODUCTION, INC. FOR VIOLATIONS OF SEVERAL ENVIRONMENTAL STATUTES: FIRST, VIOLATIONS OF THE CLEAN AIR ACT (CAA), SPECIFICALLY THE NEW SOURCE PERFORMANCE STANDARDS (NSPS), AND THE STANDARDS OF PERFORMANCE FOR EQUIPMENT LEAKS OF VOC FROM ONSHORE NATURAL GAS PROCESSING PLANTS, AS WELL AS THE NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS (NESHAP), AND SECOND, FOR VIOLATIONS OF 304(A) & (C) OF THE EMERGENCY PLANNING AND COMMUNITY RIGHT-TO-KNOW ACT (EPCRA). VIOLATIONS OF NESHAP TOOK PLACE FROM 1993 TO 1997 AT A TEXACO OIL AND GAS PRODUCING FACILITY ON THE NAVAJO INDIAN RESERVATION NEAR ANETH, UTAH (NOTE: ALL NAVAJO LANDS, INCLUDING THOSE IN UTAH, ARE WITHIN PURVIEW OF EPA, REGION 9). THIS ACTION ALSO ADDRESSES VIOLATIONS ARISING OUT OF AN EXPLOSION AND FIRE AT THE ANETH FACILITY IN 1997 INCLUDING TEXACO'S VIOLATION OF THE EPCRA NOTIFICA- TION AND REPORTING REQUIREMENTS FOR TWO RELEASES OF SULFUR DIOXIDE AS WELL VIOLATIONS OF THE ASBESTOS NESHAP BY TEXACO AND ITS CONTRACTOR, ENVIROTECH, INC. DURING THE POST-EXPLOSION CLEANUP. REG 9 SEEKS MONETARY RELIEF FROM TEXACO IN THE AMOUNT OF $138,830, AND INJUNCTIVE RELIEF REQUIRING TEXACO TO COMPLY WITH EPCRA AND NSPS. REG 9 ALSO SEEKS A PENALTY OF $34,100 FROM BOTH TEXACO AND ENVIROTECH FOR THE NESHAP VIOLATIONS AND INJUNCTIVE RELIEF REQUIRING TEXACO AND ENVIROTECH TO COMPLY WITH THE PART 61, SUBPART M REGULATIONS.

Defendants (2)

• ENVIROTECH, INC.Named in complaintNamed in settlement
• TEXACO EXPLORATION AND PRODUCTION, INC.Named in complaintNamed in settlement

Facilities (1)

• TEXACO EXPLORATION AND PRODUCTION

  5 MI NE (ANETH UNIT), MONTEZUMA CREEK, UT, 84534

  Registry ID: 110010676811

Statutes cited

• CAA 112 — Hazardous Air Pollutants
• EPCRA 304 — Emergency Release Notification Section 313 Program
• CAA 113A — Violation of Existing Administrative Order

Enforcement conclusions (1)

• TEXACO EXPLORATION AND PRODUCCTIONentered 2002-03-12

  Primary law: CAA

  Federal penalty: $253,725 · SEP: $51,275

Timeline (8 milestones)

• 1998-09-30Referred To Headquarters
• 1998-09-30Referred To Dept Of Justice
• 1998-10-14Enforcement Action Data Entered
• 2001-12-28Final Order Lodged
• 2001-12-28Complaint Filed With Court
• 2002-03-12Final Order Entered
• 2002-03-12Concluded
• 2003-01-03Enforcement Action Closed