Document JrdD8dGXBLxnpBoMRqL2X7gEB

UNITED STATES ENVIRONMENTAL PROTECTION AGENCY REGIONS 1445 ROSS AVENUE, SUITE 1200 DALLAS, TX 75202-2733 .liN 4 2013 CERTIFIED MAIL- RETURN RECEIPT REQUESTED: 7011 3500 0000 0359 6426 Mr. Greg Willms General Manager Motiva Enterprises, LLC 2555 Savannah Ave. P. 0. Box 712 Port Arthur, TX 77641-0712 Re: United States et al. v. Motiva Enterprises LLC- Civil Action No. H-01-0978 (D. Co. August 21, 2001) Tail Gas Flaring Incident of August 15,2012- Motiva Enterprises LLC- Port Arthur Refinery, Jefferson County, Texas Dear Mr. Willms: The United States Environmental Protection Agency (EPA) received a report dated September 13,2012 regarding the tail gas (TG) flaring incident that occurred on August 15, 2012, at the Motiva Enterprises LLC- Port Arthur Refinery (Motiva) located in Port Arthur, Jefferson County, Texas. According to the report, the acid gas flaring lasted a total of 16 hours and 20 minutes and resulted in a release of 0.659 tons of sulfur dioxide (S02). According to Motiva's report, the root cause ofthe incident was careless operation by the personnel charged with the responsibility for the Sulfur Recovery Unit (SRU) 2, as specified in paragraph 156(a) of the Consent Decree. In the interest of preventing a recurrence ofthis incident Motiva has completed the following corrective actions: Repaired a faulty level indicator on the primary condenser, and ensured that the alarm strategy was adequate Modified the startup procedure for SRU 2 to verify that level indicators and regulators are lined up and properly operating during the startup sequence. Motiva is also modifying the startup procedures on all remaining SRUs, and creating communication plans to communicate all root causes and corrective actions to field and console operators. Upon review of the information submitted by Motiva, EPA makes the following determinations: The findings ofthe inspection contained in the incident follow-up report supports Motiva's assertion that the incident resulted from careless operation. The preventive measure)> completed by Motiva are adequate given the nature of this incident. Recycled/Recyclable Printed with Vegetable 011 Based Inks on 100% Recycled Paper (40% Postconsumer) Motiva Port Arthur Refinery Response to Tail Gas Flaring Incident Civil Action No. H-01-0978 Therefore, in accordance with Par11graph 165(a) of the Consent Decree, Motiva is subject to a penalty offour hundred and ninety five dollars, $495 = [$750/ton x (0.659) tons], to be paid to the United States in accordance with Paragraph 176(a). ' ' ' To expedite the processing of the payment of stipulated penalties, please clearly identify the incident date, Civil Action Number, and amount of the penalty, both on the check, if paying by check, and in the letter accompanying payment by check or wire transfer. Also, please send a copy of the letter accompanying the payment to lundelius.diana@epa.gov. If you have any questions about this response, please contact Emad Shahin of my staff at (214) 665-6717, or by email at shahin.emad@epa.gov. Director Compliance Assurance and Enforcement Division cc: Chief, Environmental Enforcement Section, U.S. Department of Justice Tim Johnson, U.S. Department <of Justice Phillip Brooks, U.S. Environmental Protection Agency ec: Diana Lundelius, U.S. EPA, Region 6 Dominique Duplechain, U.S. EPA, Region 6 Ramiro Garcia, Texas Commission on Environmental Quality Teresa Dykes, U.S. EPA, Headquarters Claire Sullivan, Matrix Engineering Kim White, USEPA/Cincinnati Finance Center 2