Document vB4XzbxG4ppEaYoyqBvpgVMxY

UNITED STATES ENVIRONMENTAL PROTECTION AGENCY REGION 6 1445 ROSS AVENUE, SUITE 1200 DALLAS, TEXAS 75202-2733 RECEIVE EXPEDITED SETTLEMENT AGREEMENT (ESA) FEB.- 2 20t5 5loi:xEr~o: o6-20 t 4-1330 ::l'his:tom[!Htint is issued to: Lion Oil Company ~t: c I DO'I{ado 'Cl.. Refinery 1000 McHenry, Eldorado, AR 71370 For~'Y)o laJhtg Section 112(r)(7) of the C lean Air Act. A;rf ;ox~c:-:; ~ iils~ction Coon~;hnation Branch tiEN-A 1:::) ') This~ped{ted Settlement Agreement (ESA) is being entered into by the United States Environmental Protection Agency (EPA), Region 6, by its duly delegated official, the Director, Compliance Assurance and Enforcement Div ision, and by Respondent pursuant to Section 11 3(a)(3) and (d) of the Clean Air Act (the Act), 42 U.S.C. 7413(a)(3) and (d), and by 40 C.F.R. 22. 13(b). On August 13, 2003, EPA obtained the concurrence of the U.S. Department of Justice, pursuant to Section 11 3(d)(l) ofthe Act, 42 U.S.C. 7413(d)(l), to pursue this adm inistrative enforcement action. On November 19-21,2013 an authorized representati ve ofthe EPA conducted a compliance inspection of the subject faci lity (Respondent) to determine compliance with the Risk Management Plan (RMP) regulations promulgated at 40 C.F.R. Part 68 under Section 11 2(r) of the Act. EPA found that the Respondent had violated regulations implementing Section 11 2(r) of the Act by failing to comply with the regu lations as noted on the Alleged Violations and Proposed Penalty Sheet ("FORM"), which is attached hereto and hereby incorporated by reference. SETTLEMENT In considerati on of the factors set forth in Section I 13(e) of the Act, 42 U. S.C. 7413(e), includ ing Respondent's size of bus iness, its full compliance history, its good faith effort to comply, and other factors as justice may req uire, and upon considerat ion of the entire record the parties enter into the ESA in order to settle the violations, described in the attached FO RM for the total penalty amount of$3,000. T his settlement is subject to the fo llowing terms and conditions: The Respondent by s igning below waives any objections that it may have regard ing jurisdiction, neither admits nor denies the specific factua l allegations contained herein, and consents to the assessment of the penalty as stated above. Respondent waives its rights to a hearing afforded by Section 11 3(d)(2)(A) ofthe Act, 42 U.S.C 7413(d)(2)(A), and to appea l this ESA. Each party to this action shall bear its own costs and fees, if any. Respondent a lso certifies, subject to civil and criminal penalties for making a false submission to the United States Government, that the Respondent has corrected the vio lations listed in the attached FORM and has sent a cashier's check or certifi ed check (payab le to th "Treasurer, United States o America") m the amount of.$3,000 in payment of the full penalty amount to the fo llowing address: U.S. Environmental Protection Agency Fines and Penalties Cincinnati Finance Center P.O. Box 979077 St. Louis, MO 63197-9000 The DOCKE I NUMBE OF TTTTS FXPFDITf-'D () lllML:.NT GREEMEN"I must be included on the -ce-rtifipe-dchcck. (The DOCKET NUMBER is located at the top left corner of this Expedited Settlement Agreement.) This original Settlement Agreement and a copy of the certi fied check must be sent by certified mai l to: Carlos Flores Enforcement Officer Air Toxics Section (6EN-AT) U.S. Environmenta l Protection Agency Region 6 1445 Ross Avenue Suite 1200 Dallas, Texas 75202-2733 Respondent 's full payment of the penalty as provided in th is Settle ment Agreement sha ll resolve Respond ent 's liabili ty for Fede ral civil penalties for the v io lations and facts alleged in the above Form. EPA does not waive any enforcement action by EPA for any other past, present, or future vio lations under the C lean Air Act or any other s ta tute. If the Settlement Agreement with a n attached copy of the certified check is not retumed to the EPA Region 6 office at the a bove address in correct form by the Respondent within 45 days of the date of the receipt of this Settlement Agreement, the Complaint and Expedited Settlement Agreement is withdrawn, without prejudice to EPA's ability to file additional enforce ment actions for the violations identified in this Settlement Agreement. Respondent has the right to request a hearing on any material fact or on the appropriateness of the penalty contained in this complaint pursuant to 40 CFR 22. 14. Upon signing and returning of this Settlement Agreement to EPA, the Respondent waives the opportunity for a hearing pursuant to Section 11 3(d)(2)(A) ofthe C lean Air Act, 42 U.S.C. 74 13(d)(2)(A). This Settle ment Agreement is binding on the EPA and the Respondent signing below. By signing below, the Respondent waives any objections to EPA's jurisdiction with respect to the Settle me nt Agreement and consents to EPA's approva l of this Sett lement Agreeme nt without fwthe r notice. This Settle ment Agreement is effective upon filing with the Regional Hearing C le rk. SIGNATURE BY RESPONDENT: Sig nature: / ~/J~ f/). 0vt Date: Name (print): _ _t'_{f----='J---J_frc-:-'F--'r_-,.__e---f='--yj~A-'--.__(_. ,f-121-_,fL_ Title (print): M/[ H~i-J FfL. , 5!}- f k I ~r ttf PS!VI J Cost of Corrective Actions: <P 5 ()00 .v e _ lia nce Assurance and Enforcement Division It is so ORDERED. This Order shall become effective upon filing of the fully exec uted Complaint and Expedited Settle m t Agreement w ith the Reg ional Hearing C lerk. Date: ?- /;'J../ f \ R6 REV. 2 Docket No. CAA 06-2014-3330 CERTIFICATE OF SERVICE I certify that the original and one copy of the foregoing "Expedited Settlement Agreemen t", issued pursuant to 40 C.F.R. 22.13 (b), was fi led on February 12, 2015, w ith the Regiona l Hearing Clerk, U.S. EPA Region 6, 1445 Ross Avenue, Dallas, TX 75202 -2733. On the same date a copy of the sa me was sent to the fo llowing, in the manner specified below: Name: Mr. Jeffrey M. Carr Title: Manager, Safety & PSM Address: 1000 McHenry, Eldorado, AR 71370 Carlos B. Flores U.S. EPA Region 6 Air Taxies Enforcement