EPA v. Shell (Equilon, Motiva and Deer Park Refining)

Case summary

This case addresses violations of the Clean Air Act (CAA) by Equilon Enterprises LLC, doing business as Shell Oil Products US, Motiva Enterprises LLC, and Deer Park Refining Limited Partnership, all affiliates of Shell Oil Company. The three companies sold gasoline and diesel fuel that did not conform to federal standards, resulting in excess emissions of harmful air pollutants from motor vehicles. Specifically, EPA alleged that: Shell sold mislabeled diesel fuel?fuel labeled ultra-low sulfur diesel that was actually low sulfur fuel?at two gas stations in Northern Virginia. EPA inspectors discovered the violations at the stations, one of which came after receiving a complaint from a consumer. Low sulfur diesel fuel contains up to 500 parts per million of sulfur; ultra-low sulfur diesel may not exceed 15 parts per million of sulfur. Shell sold over 4.2 million gallons of gasoline that exceeded the volatility standard. Gasoline with higher volatility results in increased emissions of volatile organic compounds, which contribute to the formation of ground level ozone, particularly during the warmer summer months. Breathing ozone can trigger a variety of health problems, particularly for children, the elderly and people who have lung diseases such as asthma. Shell distributed about 700,000 gallons of gasoline from its Sewaren, New Jersey terminal that contained elevated levels of ethanol. Excess ethanol in gasoline can harm emission control components on some vehicles and engines. The Reformulated Gasoline Survey Association, an organization that works to improve industry compliance with Clean Air Act fuel standards, identified the fuel with excess ethanol after surveying Shell retail stations in Irvington, N.J. and Staten Island, N.Y., and notified EPA. Shell failed to follow various protocols for sampling, testing, reporting and recordkeeping requirements that help ensure compliance of its fuel with federal standards. Shell proactively reported some of these violations to EPA. Recordkeeping, reporting, sampling and testing violations reduce EPA?s ability to know whether fuels meet certain standards and can lead to increased vehicle emissions. The companies will pay a $900,000 penalty to resolve these violations. Read more about the settlement at http://www2.epa.gov/enforcement/equilon-enterprises-llc-doing-business-shell-oil-products-us-motiva-enterprises-llc-and.

Defendants (3)

• Equilon Enterprises LLC d/b/a Shell Oil Products UNamed in complaintNamed in settlement
• Deer Park Refining Limited PartnershipNamed in complaintNamed in settlement
• Motiva Enterprises LLCNamed in complaintNamed in settlement

Facilities (39)

• EQUILON ENTERPRISES LLC

  8505 S TEXAS RD, ANACORTES, WA, 98221

  Registry ID: 110008214360

• MOTIVA ENTERPRISES CONVENT REFINERY

  10700 HIGHWAY 44, CONVENT, LA, 70723

  Registry ID: 110000597337

• DEER PARK REFINING LTD PARTNERSHIP

  S OF HOUSTON SHIP CHANNEL, W OF PATRICK BAYOU, N, DEER PARK, TX, 77536

  Registry ID: 110031267064

• MOTIVA ENTERPRISES LLC

  15536 RIVER ROAD, NORCO, LA, 70079

  Registry ID: 110013831201

• MOTIVA ENTERPRISES CONVENT REFINERY

  10700 HIGHWAY 44, CONVENT, LA, 70723

  Registry ID: 110000597337

• MOTIVA PORT ARTHUR REFINERY

  2100 HOUSTON AVE., PORT ARTHUR, TX, 776403399

  Registry ID: 110000464024

• DEER PARK REFINING LTD PARTNERSHIP

  S OF HOUSTON SHIP CHANNEL, W OF PATRICK BAYOU, N, DEER PARK, TX, 77536

  Registry ID: 110031267064

• MOTIVA ENTERPRISES LLC

  15536 RIVER ROAD, NORCO, LA, 70079

  Registry ID: 110013831201

• MOTIVA ENTERPRISES LLC, MERIDIAN TERMINAL

  6540 N FRONTAGE ROAD, MERIDIAN, MS, 39307-9003

  Registry ID: 110002225253

• MOTIVA ENTERPRISES LLC

  15536 RIVER ROAD, NORCO, LA, 70079

  Registry ID: 110013831201

• MOTIVA ENTERPRISES LLC

  15536 RIVER ROAD, NORCO, LA, 70079

  Registry ID: 110013831201

• DEER PARK REFINING LTD PARTNERSHIP

  S OF HOUSTON SHIP CHANNEL, W OF PATRICK BAYOU, N, DEER PARK, TX, 77536

  Registry ID: 110031267064

• MOTIVA ENTERPRISES LLC

  15536 RIVER ROAD, NORCO, LA, 70079

  Registry ID: 110013831201

• DEER PARK REFINING LTD PARTNERSHIP

  S OF HOUSTON SHIP CHANNEL, W OF PATRICK BAYOU, N, DEER PARK, TX, 77536

  Registry ID: 110031267064

• DEER PARK REFINING LTD PARTNERSHIP

  S OF HOUSTON SHIP CHANNEL, W OF PATRICK BAYOU, N, DEER PARK, TX, 77536

  Registry ID: 110031267064

• …and 24 more

Statutes cited

• CAA 211 — Regulation of Fuels - Motor Vehicle and Engine Fuels

Enforcement conclusions (1)

• Shell (Equilon, Motiva and Deer Park Refining)entered 2015-01-16

  Primary law: CAA

  Federal penalty: $900,000

Timeline (4 milestones)

• 2015-01-16Complaint Filed/Proposed Order
• 2015-01-16Final Order Issued
• 2015-01-20Enforcement Action Data Entered
• 2015-02-13Enforcement Action Closed