Document gDkEZ486KLv7wrqXGev1pa0Oq

REGION 6 DALLAS, TX 75270 December 16, 2025 TRANSMITTED VIA E-MAIL Todd Schmidt, Vice President WRB Refining LLC and ConocoPhillips Company Borger Refinery P.O. Box 271 Borger, Texas 79008-0271 todd.r.schmidt@p66.com RE: Administrative Order; Docket Number: CWA-06-2026-1726 TPDES Permit Number: TX0009148 Dear Mr. Schmidt: Enclosed is an Administrative Order (AO) issued to WRB Refining LLC and ConocoPhillips Company for violations of the Clean Water Act (CWA), 33 U.S.C. 1251 et seq. Violations were identified during a review of the permit file and discharge monitoring reports submitted for the Borger Refinery & NGL Center. The violations alleged are for failure to meet permit effluent requirements. The United States Environmental Protection Agency (EPA), Region 6, requests that you immediately confirm receipt of this e-mail and the attached order by a response e-mail to vaughn.alan@epa.gov. The AO does not assess a monetary penalty; however, it does require compliance with applicable federal regulations. The first compliance deadline is within thirty (30) 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-06-2026-1726 and TPDES Permit Number TX0009148 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: 2025.12.16 13:44:09 -06'00' Cheryl T. Seager, Director Enforcement and Compliance Assurance Division Enclosure(s) ec: laura.draper@tceq.texas.gov UNITED STATES ENVIRONMENTAL PROTECTION AGENCY Region 6 FINDINGS OF VIOLATION AND COMPLIANCE ORDER Docket Number: CWA-06-2026-1726; TPDES Permit Number: TX0009148 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), by 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. WRB Refining LLC and ConocoPhillips Company, (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 Borger Refinery Facility (facility) located adjacent to State Highway 119 approximately one mile north of the intersection of State Highway 246 and State Highway 119 near the City of Borger, Hutchinson County, Texas, and was, therefore, an "owner or operator" within the meaning of 40 C.F.R. 122.2. 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. TX0009148 (permit) under Section 402 of the Act, 33 U.S.C. 1342, which was issued on January 30, 2007, expired January 30, 2010, and is administratively continued. 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. 3. At all relevant times, the facility acted as a "point source" of a "discharge" of "pollutants" with its final wastewater discharge to an unnamed tributary of Dixon Creek; thence to Dixon Creek, thence to the Canadian River Below Lake Meredith in Segment No. 010 of the Canadian River Basin which are "waters 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 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 submit the monitoring results using the NetDMR reporting system available through TCEQ. Additionally, the permittee shall submit 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. NetDMRs reported 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, which is incorporated herein by reference. Docket No. CWA-06-2026-1726 Page 2 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. SECTION 309(a)(3) COMPLIANCE ORDER 13. 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 permit effluent exceedances. 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. 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. E. Any information or correspondence submitted by Respondent to EPA Region 6 under this Order shall be submitted, via e-mail, to the following: Mr. Alan Vaughn vaughn.alan@epa.gov GENERAL PROVISIONS 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 TPDES 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. Digitally signed by CHERYL SEAGER Date: 2025.12.16 13:44:46 -06'00' Cheryl T. Seager, Director Enforcement and Compliance Assurance Division ATTACHMENT A WRB Refining and ConocoPhillips Company TPDES Permit No. TX0009148 Effluent Characteristic Outfall: 001 Ammonia- Nitrogen Total Seleium Biochemical Oxygen Demand, 5-day (BOD) Total Suspended Solids (TSS) Oil and Grease Chemical Oxygen Demand (COD) Sulfides Phenols Discharge Limitations Daily Avg. 4 mg/L (237 lbs/day) 1.32 lbs/day 934 lbs/day 1629 lbs/day 364 lbs/day 7386 lbs/day 9.2 lbs/day 6.1 lbs/day Daily Max. 6 mg/L (355 lbs/day) 2.63 lbs/day 1841 lbs/day 2513 lbs/day 649 lbs/day 13,867 lbs/day 19.5 lbs/day 12.4 lbs/day The pH shall not be less than 6.0 standard units nor greater than 9.0 standard units and shall be monitored continuously. ATTACHMENT B WRB Refining and ConocoPhillips Company TPDES Permit No. TX0009148 Monitoring Period 12/31/2023 12/31/2023 12/31/2023 12/31/2023 01/31/2024 02/29/2024 06/30/2024 12/31/2024 01/31/2025 01/31/2025 01/31/2025 01/31/2025 01/31/2025 01/31/2025 01/31/2025 01/31/2025 01/31/2025 01/31/2025 01/31/2025 01/31/2025 02/28/2025 02/28/2025 02/28/2025 02/28/2025 02/28/2025 02/28/2025 02/28/2025 07/31/2025 09/30/2025 09/30/2025 09/30/2025 Outfall Parameter 001 Nitrogen, ammonia total [as N] 001 Nitrogen, ammonia total [as N] 001 Nitrogen, ammonia total [as N] 001 Nitrogen, ammonia total [as N] 001 Nitrogen, ammonia total [as N] 001 Nitrogen, ammonia total [as N] 001 Selenium, total [as Se] 001 BOD, 5-day, 20 deg. C 001 BOD, 5-day, 20 deg. C 001 BOD, 5-day, 20 deg. C 001 Oil & Grease 001 Oil & Grease 001 Oxygen demand, chem. [high level] [COD] 001 Oxygen demand, chem. [high level] [COD] 001 Phenolics, total recoverable 001 Phenolics, total recoverable 001 Solids, total suspended 001 Solids, total suspended 001 Sulfide, total [as S] 001 Sulfide, total [as S] 001 BOD, 5-day, 20 deg. C 001 BOD, 5-day, 20 deg. C 001 Nitrogen, ammonia total [as N] 001 Nitrogen, ammonia total [as N] 001 Nitrogen, ammonia total [as N] 001 Nitrogen, ammonia total [as N] 001 Solids, total suspended 002 pH 001 Nitrogen, ammonia total [as N] 001 Nitrogen, ammonia total [as N] 001 Nitrogen, ammonia total [as N] Statistical Base Units DAILY AV lb/d DAILY AV mg/L DAILY MX lb/d DAILY MX mg/L DAILY MX mg/L DAILY MX mg/L DAILY AV lb/d DAILY MX lb/d DAILY AV lb/d DAILY MX lb/d DAILY AV lb/d DAILY MX lb/d DAILY AV lb/d DAILY MX lb/d DAILY AV lb/d DAILY MX lb/d DAILY AV lb/d DAILY MX lb/d DAILY AV lb/d DAILY MX lb/d DAILY AV lb/d DAILY MX lb/d DAILY AV lb/d DAILY AV mg/L DAILY MX lb/d DAILY MX mg/L DAILY MX lb/d MAXIMUM SU DAILY AV mg/L DAILY MX lb/d DAILY MX mg/L Permit Limit 237. 4. 355. 6. 6. 6. 1.32 1841. 934. 1841. 364. 649. 7386. 13867. 6.1 12.4 1629. 2513. 9.2 19.5 934. 1841. 237. 4. 355. 6. 2513. 9. 4. 355. 6. DMR Value 252.9 5.81 891.13 20.6 7.64 7.02 1.75 2546. 4699. 10080. 1459. 6765. 17321. 64182. 11.14 102.51 5403. 56161. 20.4 41. 1109. 4109. 520. 14. 820.4 23. 4906. 11.1 4.04 753.48 20.6