Document 5LxQzBDjMmYy3RvYaJO9yE03e

UNITED STATES ENVIRONMENTAL PROTECTION AGENCY REGION 6 1201 ELM STREET, SUITE 500 DALLAS, TEXAS 75270-2102 July 6, 2023 TRANSMITTED VIA E-MAIL Mr. Joe Almaraz Valero Refining - Texas L.P. P.O Box 9370 Corpus Christi, Texas 78469 joe.almaraz@valero.com Re: Administrative Order Docket Number: CWA-06-2023-1755 Valero Refining - Texas, L.P. TPDES Permit Number: TX0063355 Dear Mr. Almaraz: Enclosed is an Administrative Order (AO) issued to Valero Refining - Texas L.P., for violations of the Clean Water Act (CWA), 33 U.S.C. 1251-1387. Violations were identified during a review of the permit file and discharge monitoring reports submitted for the Valero Refining West Plant Wastewater Treatment Facility. The violations alleged are for failure to meet permit effluent limitations. The United States Environmental Protection Agency (EPA) requests that you immediately confirm receipt of this email and the attached order by a response e-mail to vaughn.alan@epa.gov. This AO does not assess a monetary penalty; however, it does require compliance with applicable federal regulations. The first compliance deadline is within thirty days of the effective date of the AO. EPA is committed to ensuring compliance with the requirements of the National Pollutant Discharge Elimination System (NPDES) program and my staff will assist you in any way possible. Please reference AO Docket Number CWA-06-2023-1755 and TPDES Permit Number TX0063355 on your response. If you have any questions, please contact Mr. Alan Vaughn of my staff, at (214) 665-7487 or vaughn.alan@epa.gov. Sincerely, Digitally signed by CHERYL SEAGER Date: 2023.07.06 07:50:29 -05'00' Cheryl T. Seager, Director Enforcement and Compliance Assurance Division ec: kristy.deaver@tceq.texas.gov UNITED STATES ENVIRONMENTAL PROTECTION AGENCY Region 6 1201 Elm St. Suite 500 Dallas, TX 75270-2102 FINDINGS OF VIOLATION AND COMPLIANCE ORDER Docket Number: CWA-06-2023-1755; TPDES Permit Number: TX0063355 , STATUTORY AUTHORITY The following findings are made, and Order issued, under the authority vested in the Administrator of the United States Environmental Protection Agency (EPA) under Section 309(a) of the Clean Water Act (the Act), 33 U.S.C. 1319(a). The Administrator of EPA delegated the authority to issue this Order to the Regional Administrator of EPA Region 6, who delegated this authority to the Director of the Enforcement and Compliance Assurance Division. FINDINGS 1. Valero Refining - Texas, L.P. (Respondent) is a "person," as that term is defined at Section 502(5) of the Act, 33 U.S.C. 1362(5), and 40 C.F.R. 122.2. 2. At all times relevant to this Order (all relevant times), Respondent owned or operated the Valero Refinery West Plant Wastewater Treatment Facility (facility) located at 5900 Up River Road, Corpus Christi, Nueces County, Texas 78407, and was, therefore, an "owner or operator" within the meaning of 40 C.F.R. 122.2. 3. At all relevant times, the facility acted as a "point source" of a "discharge" of "pollutants" with its final wastewater discharge to Corpus Christi Inner Harbor in Segment No. 2484 of the Bays and Estuaries, which is a "water of the United States" within the meaning of Section 502 of the Act, 33 U.S.C. 1362, and 40 C.F.R. 122.2. 4. Because Respondent owned or operated a facility that acted as a point source of discharges of pollutants to waters of the United States, Respondent and the facility were subject to the Act and the National Pollutant Discharge Elimination System (NPDES) program. 5. Under Section 301 of the Act, 33 U.S.C. 1311, it is unlawful for any person to discharge any pollutant from a point source to waters of the United States, except with the authorization of, and in compliance with, an NPDES permit issued pursuant to Section 402 of the Act, 33 U.S.C. 1342. 6. Section 402(a) of the Act, 33 U.S.C. 1342(a), provides that the Administrator of EPA may issue permits under the NPDES program for the discharge of pollutants from point sources to waters of the United States. Any such discharge is subject to the specific terms and conditions prescribed in the applicable permit. 7. Section 402 of the Act, 33 U.S.C. 1342, authorizes states to request approval from EPA to administer their own permit programs for discharges into navigable waters within their jurisdiction. Pursuant to this provision, the State of Texas requested approval from EPA to administer its own permit program for discharges into navigable waters within Texas, and such approval was granted by EPA on September 14, 1998. Therefore, pursuant to the State's permit program, the Texas Commission on Environmental Quality (TCEQ) issued Texas Pollutant Discharge Elimination System (TPDES) permits. Violation of a TPDES permit is a violation of Section 301(a) of the Act, 33 U.S.C. 1311(a). 8. Respondent applied for and was issued TPDES Permit No. TX0063355 (permit) under Section 402 of the Act, 33 U.S.C. 1342, which was issued on November 17, 2017, and subsequently re-issued on March 28, 2022. At all relevant times, Respondent was authorized to discharge pollutants from the facility to waters of the United States only in compliance with the specific terms and conditions of the permit. 9. The permit includes "Monitoring and Reporting Requirements" that require Respondent to sample and test its effluent and monitor its compliance with permit conditions according to specific procedures, in order to determine the facility's compliance or noncompliance with the permit and applicable regulations. The permit also requires Respondent to file with TCEQ certified Discharge Monitoring Reports (DMRs) of the results of monitoring, and Noncompliance Reports when appropriate. 10. The permit contains "Effluent Limitations and Monitoring Requirements" that place certain limitations on the quality and quantity of effluent discharged by Respondent. The relevant discharge limitations are specified in Attachment A, which is incorporated herein by reference. 11. Certified DMRs filed by Respondent with TCEQ in compliance with the permit show discharges of pollutants from the facility that exceed the permitted effluent limitations established in the permit, as specified in Attachment B, or was missing from the DMR, as specified in Attachment C, which are incorporated herein by reference. 12. Each instance in which Respondent discharged pollutants to waters of the United States in amounts exceeding the effluent limitations contained in the permit was a violation of the permit and Section 301 of the Act, 33 U.S.C. 1311. Docket No. CWA-06-2023-1755 Page 2 SECTION 309(a)(3) COMPLIANCE ORDER GENERAL PROVISIONS Based on the foregoing Findings and pursuant to the authority of Section 309(a)(3) of the Act, 33 U.S.C. 1319(a)(3), EPA hereby orders Respondent to take the following action: A. Take such measures as are necessary to comply with all permit conditions, including Effluent Limitations and Monitoring and Reporting Requirements, no later than thirty (30) days from the effective date of the Order. B. Within thirty (30) days of the effective date of this Order, Respondent shall submit a list of the specific actions taken to correct the Total Residual Chlorine, Cyanide, and Chemical Oxygen Demand violations. C. Within thirty (30) days of the effective date of this Order, Respondent shall provide written certification to EPA Region 6 that the violations cited herein have been corrected and the facility is compliant with the requirements of the permit. D. Within thirty (30) days of the effective date of this Order, Respondent shall resubmit Outfall 008 February 2023 DMR and include the missing parameter values identified in Attachment C. E. In the event the Respondent believes complete correction of the violations cited herein is not possible within thirty (30) days of the effective date of this Order, Respondent shall, within thirty (30) days of the effective date of this Order, submit a comprehensive written plan for the elimination of the cited violations within the shortest possible time. Such plan shall describe in detail the specific corrective actions to be taken and why such actions are sufficient to correct the violations. The plan shall include a detailed schedule for the elimination of the violations within the shortest possible time, as well as measures to prevent these or similar violations from recurring. F. Any information or correspondence submitted by Respondent to EPA under this Order shall be submitted, via email, to the following: Mr. Alan Vaughn vaughn.alan@epa.gov Respondent may seek federal judicial review of the Order pursuant to Chapter 7 of the Administrative Procedure Act, 5 U.S.C. 701-706. Issuance of this Section 309(a)(3) Compliance Order shall not be deemed an election by EPA to waive any administrative, judicial, civil, or criminal action to seek penalties, fines or other relief under the Act for the violations cited herein, or other violations that become known to EPA. EPA reserves the right to seek any remedy available under the law that it deems appropriate. Failure to comply with this Section 309(a)(3) Compliance Order or the Act may result in further administrative action, or a civil judicial action initiated by the United States Department of Justice. For purposes of the identification requirement in Section 162(f)(2)(A)(ii) of the Internal Revenue Code, 26 U.S.C. 162(f)(2)(A)(ii), and 26 C.F.R. 1.162-21(b)(2), performance of Paragraph 13 is restitution, remediation, or required to come into compliance with the law. This Order does not constitute a waiver or modification of the terms or conditions of Respondent's NPDES permit, which remain in full force and effect. Compliance with the terms and conditions of this Order does not relieve Respondent of its obligation to comply with any applicable federal, state, or local law or regulation. The effective date of this Order is the date it is received by Respondent. -XO\ Date Digitally signed by CHERYL SEAGER Date: 2023.07.06 07:48:51 -05'00' Cheryl T. Seager, Director Enforcement and Compliance Assurance Division Attachment A Valero Refining - Texas L.P. Permit Limits TX0063355 Effluent Characteristics Permit Issued November 17, 2017 Outfall 003 Total Cyanide Permit Issued March 28, 2022 Outfall 002 Chemical Oxygen Demand Outfall 003 Free Cyanide Discharge Limitations Daily Avg. Daily Max. 0.18 lbs/day 0.18 lbs/day 0.37 lbs/day 200 mg/L 0.37 lbs/day Permit Issued November 17, 2017 - Outfall 005: The effluent shall contain a chlorine residual of at least 1.0 mg/l and shall not exceed 5.0 mg/l after a detention time of at least 20 minutes (based on peak flow), and shall be monitored five time per week, by grab sample. ATTACHMENT B Valero Refining - Texas L.P. TX0063355 Effluent Violations Monitoring Period 02/28/2021 10/31/2021 10/31/2021 05/31/2022 08/31/2022 09/30/2022 10/31/2022 10/31/2022 11/30/2022 12/31/2022 01/31/2023 02/28/2023 Outfall 005 003 003 002 002 002 002 003 002 002 002 002 Parameter Chlorine, total residual Cyanide, total [as CN] Cyanide, total [as CN] Oxygen demand, chem. [high level] [COD] Oxygen demand, chem. [high level] [COD] Oxygen demand, chem. [high level] [COD] Oxygen demand, chem. [high level] [COD] Cyanide, total [as CN] Oxygen demand, chem. [high level] [COD] Oxygen demand, chem. [high level] [COD] Oxygen demand, chem. [high level] [COD] Oxygen demand, chem. [high level] [COD] Statistical Base MO MIN DAILY AV DAILY MX DAILY MX DAILY MX DAILY MX DAILY MX DAILY MX DAILY MX DAILY MX DAILY MX DAILY MX Units mg/L lb/d lb/d mg/L mg/L mg/L mg/L lb/d mg/L mg/L mg/L mg/L Permit DMR Limit Value 1. . .18 1.73 .37 5.65 200. 236. 200. 1390. 200. 1410. 200. 564. .37 .405 200. 449. 200. 305. 200. 316. 200. 1060. ATTACHMENT C Valero Refining - Texas, L.P. TX0063355 Missing DMR Values Monitoring Period Outfall Parameter Statistical Base Units Permit DMR Limit Value 02/28/2023 008 02/28/2023 008 02/28/2023 008 02/28/2023 008 02/28/2023 008 Flow, in conduit or thru treatment plant DAILY AV MGD Flow, in conduit or thru treatment plant DAILY MX MGD Oil & Grease DAILY MX mg/L 15. Oxygen demand, chem. [high level] [COD] DAILY MX mg/L 150. pH MAXIMUM SU 9. Violation Code D80 D80 D90 D90 D90