Document 6wVZ8L0gREond6BgzpeddJxn6

UNITED STATES ENVIRONMENTAL PROTECTION AGENCY REGION6 1445 ROSS AVENUE, SUITE 1200 DALLAS, TEXAS 75202-2733 MAR 3 02016 CERTIFIED MAIL-RETURN RECEIPT REQUESTED: 7005 1820 0003 7449 7649 CT Corporation System Alon USA, LP Atten.: Adolph Granato, HSE Director 1999 Bryan Street, Suite 900 Dallas, TX 75201-3140 Re: Administrative Order; Docket Number: CWA-06-2016-1754 Alon USA, LP TPDES Permit Number: TX0104515 Dear Mr. Granato: Enclosed is an Administrative Order (AO) issued to Alon USA, LP, for violation 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 subinitted to the Environmental Protection Agency, Region 6 (EPA) for the Big Spring facility. The violations alleged are for failure to meet permit effluent limitations for pH, Carbonaceous Biochemical Oxygen Demand, Ammonia Nitrate, Sulfide, Total Cyanide, Biochemical Oxygen Demand, 5-Day, Oil and Grease, Phenolics and Whole Effluent Toxicity. 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. The AO also contains other compliance deadlines and information demands. EPA is committed to ensuring compliance with the requirements of the National Pollutant Discharge Elimination System program and my staff will assist you in any way possible. Please reference AO Docket Number CWA-06-2016-1754 andTPDES Permit Number TX0104515 on your response. If you have any questions, please contact Ms. Judy Edelbrock, of my staff, at (214) 665-8582. Enclosures Director Compliance Assurance and Enforcement Division UNITED STATES ENVIRONMENTAL PROTECTION AGENCY 1445 Ross Avenue, Suite 1200, DaJlas, TX 75202 FINDINGS OF VIOLATION, COMPLIANCE ORDER, AND INFORMATION DEMAND Docket Number: CWA-06-2016-1754, TPDES Permit Number: TX0104515 STATUTORY AUTHORITY The following findings are made and Order issued under the 7. Section 402 of the Act, 33 U.S.C. 1342, authorizes states authority vested in the Administrator of the United States to request approval from EPA to administer their own permit Environmental Protection Agency ("EPA") by Sections 308 and programs for discharges into navigable waters within their 309(a) of the Clean Water Act ("the Act"), 33 U.S.C. jurisdiction. Pursuant to this provision, the State of Texas 1318 and 1319(a). The Administrator of EPA delegated the requested approval from EPA to administer its own permit authority to issue this Order to the Regional Administrator of program for discharges into navigable waters within Texas, and EPA Region 6, who delegated this authority to the Director ofthe such approval was granted by EPA on September 14, 1998.. Compliance Assurance and Enforcement Division. Therefore, pursuant to the State's permit program, the Texas FINDINGS Commission on Environmental Quality ("TCEQ") has issued Texas Pollutant Discharge Elimination System ("TPDES") !. Alon USA, LP ("Respondent") is a "person," as that term permits. Violation of a TPDES permit is a violation of is defined at Section 502(5) of the Act, 33 U.S.C. 1362(5), and Section 30l(a) of the Act, 33 U.S.C. 131 l(a). 40 C.F.R. 122.2. 8. Respondent applied for and was issued TPDES Permit 2. At all times relevant to this Order ("all relevant times"), Respondent owned or operated the Big Spring Facility, a petroleum refinery, located approximately one-half mile east of the intersection of IH 20 and Farm-to Market Road 700 in Big Spring, Howard County, Texas ("facility"), and was, No.TX01045!5 ("permit") under Section 402 of the Act, 33 U.S.C. 1342, which became effective on November 5, 2010. 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. therefore, an "owner or operator" within the meaning of 40 C.F.R. 122.2~ 9. The permit includes "Monitoring and Reporting Requirements" that require Respondent to sample and test its 3. At all relevant times, the facility acted as a "point source" effluent and monitor its compliance with permit conditions of a "discharge" of "pollutants" with its fmal wastewater according to specific procedures in order to determine the discharge to the Colorado River Basin, which is a "water of the facility's compliance or noncompliance with the permit and United States," within the meaning of Section 502 of the Act, applicable regulations. The permit also requires Respondent to 33 U.S.C. 1362, and 40 C.F.R. 122.2. file with TCEQ certified Discharge Monitoring Reports ("DMRS") of the results of monitoring, and Noncompliance 4. Because Respondent owned or operated a facility that acted Reports when appropriate. 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. 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 5. Under Section 301. of the Act, 33 U.S.C. 1311, it is discharge limitations are specified in Attachment A, which is unlawful for any person to discharge any pollutant from a point incorporated herein by reference. 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. 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 6. Section 402(a) of the Act, 33 U.S.C. 1342(a), provides established in the permit as specified in Attachment B, which is that the Administrator of EPA may issue permits under the . incorporated herein by reference. 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. 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.