Document wr3Vk9OvO58oD0vQzGpYXBQ9J

DEER PARK MEG COMPLEX MAY 19 *976 e* 9-57) SHELL OIL COMPANY REFERENCE OATE MAY i v id/o JEE? to GENERAL MANAGER - CHEMICAL PLANTS AND REFINERIES from MANAGER - MANUFACTURING ENVIRONMENTAL CONSERVATION DEPARTMENT - HEAD OFFICE subject ACTIVITIES REPORT SUPT MARCH 1976 SUPT EMM ENG SUPT CttEM SUPTENVCONS The March 1976 Activities Report is attached. Items of major significance are summarized below. The Southern California Air Pollution Control District have proposed rule amendments which would require vapor emission control devices on storage of all organic liquids having a vapor pressure of 1.5 psia. They also propose to prohibit construction of crude petroleum storage facilities which emit more than 150 pounds per day of non-methane, non-ethane hydrocarbons. A Shell comment to the proposal is being prepared. Further to the remand of the Organic Chemical Guidelines, twelve major chemical companies including Shell have undertaken effort to jointly assess the analytical problem confronting the industry as regards the development of new regulations. EPA have amended the NPDES permit program regulations to extend the permit requirement to discharges of storm water run-off in urbanized areas. It is expected that this amendment will necessitate "General Permitting" at a number of Manufacturing locations. SUPT UTILITIES MGR OISPATCH EPA and three environmental groups have proposed an unprecedented agreement whereby four toxic pollutant related suits would be dismissed if EPA proceeds to establish effluent limitations not only for the previously identified "toxics" but for an additional sixty odd substances and chemical classes. The proposed agreement has been submitted to the Court for approval. However, a number of parties including API have intervened. The Organic Guidelines suit litigants have also requested leave to intervene. No action has been taken on the request. The case has been set over to April 21. MGRENG FIELD The US District Court for the Northern District of California has dismissed Shell's action against the EPA regarding the Martinez NPDES permit. A petition for review before the State Water Resources Control Board is still pending. SUPT MAJ PRO) Denver Plant personnel have met with appropriate governmental groups regarding planned disposal of effluent incinerator solid wastes. MuS ruHCH/GS 1 MGR ^AFETYflN CL j&> G-iJ << & / R. E. Van Ingen Attachment ' DPMC-07041 LAM 010656 Distribution Executive Vice President of Shell Oil Company and President of Shell Chemical Company - Hr. J. B. St. Clair Vice President Shell Chemical Company - Mr. J. H. DeNike Vice President - Research & Engineering-Products - Mr. P. F. Deisler General Manager Engineering-Products - Mr. W. G. Eddleman General Manager - R&D-Products - Mr. R. D. Mullineaux General Manager - Public Affairs - Environmental Safety Affairs - Mr. R. F. Nelson Manufacturing - Plant/Refinery Liaison - Manager - Mr. T. P. Martin Manufacturing - Safety & Health - Manager - Mr. H. L. Kusnetz Manufacturing - Special Projects - Manager - Mr. H. D. Guthrie Manufacturing - Plans & Analysis - Refining - Manager - Mr. T. R. Williams Manufacturing - Plans & Analysis - Refining - Facilities Planning - Manager - Mr. G. A. West Manufacturing - Plans & Analysis - Refining - General Facilities Support - Manager - Mr. W. H. McAdams Manufacturing - Plans & Analysis Economics - Manager - Mr. R. E. Mann Manufacturing & Distribution-Plans & Analysis - Manager - Mr. R. H. Slaughter Manufacturing & Distribution-Plans & Analysis - Manufacturing Representatives - San Ramon - Messrs. D. K. Spencer/M. S. Honig/W. C. Jensen Anacortes Refinery - Technical Superintendent - Mr. E. A. Henke Deer Park Manufacturing Complex - Superintendent - Environmental Conservation - Mr. R. V. Mattern Martinez Manufacturing Complex - Technical Superintendent - Mr. R. Kienle Norco Refinery - Technical Superintendent - Mr. R. H. Brown Odessa Refinery - Manager - Mr. B. C. Bell Ciniza Refinery - Superintendent Operations - Mr. R. B. Farrar Wilmington. Manufacturing Complex - Technical Superintendent - Mr. R. K. MacIntyre Wood River Refinery - Technical Superintendent -Mr. R. St. Pierre Denver Plant - Manager - Mr. J. H. Knaus Geismar Plant - Manager Mr. F. D. Foster Marietta Plant - Manager - Mr. E. H. Mergens Mobile Plant - Manager -Mr. E. S. Martin Norco Plant - Manager -.Mr. G. A. White Princeton Plant - Manager - Mr. J. T. Robson Woodbury Plant - Manager Mr. W. L. Tanner Engineering - Products Process Engineering - Manager - Mr. L. J. Tichacek Process Engineering-Support - Mr. B. H. Pilorz Engineering Services - Manager - Mr. R. M. Weeks Construction Projects - Manager - Mr. W. A. Carpenter Engineering Integration - Mr. J. G. Pratt Oil Products-R&D - Manager - Mr. M. Nager R&D-Chemical Products - Manager -Mr. W. 0. Overton R&D-Research & Engineering - Products - Mr. C. W. Smith Shell Oil - Other Plant & Environmental Engineering-Marketing Engineering - Manager -Mr. J. F. Weiler Safety & Environmental Conservation Production - Manager - Mr. P. A. Dennie Public Affairs - Environmental Affairs - Manager -Mr. L. P. Kaxby Public Relations - Chemical Products - Manager - Mr. C. Schwender Legal Department - Mr. J. A. Evans - Mr . W . D. Maer DPMC-07042 LAM 010657 Distribution - Continued Shell Business Centers General Manager - Oil Products Business Centers - Mr. D. B. Richardson General Manager - Business Centers - Mr. J. S. Oostermeyer General Manager - BusinessCenters - Mr. R. H. Findley Shell Development Company Bellaire Research Center - Corporate R&D, Engineering - Director - Mr.D. Van Der Meer Bellaire Research Center - Corporate R&D, Science - Director-Mr. A.W. Shaw Shell Research Complex - Information Services - Manager - Mr. F. B. LaBrum Shell Research Complex - Chemical R&D - Manager -Mr. R. D. Gerard Shell Research Complex - Oil R&D - Manager - Mr. G. C. Hood Shell Research Complex - Oil Process-R&D Laboratory - Deer Park - Director - Mr. D. B. Bruss Shell Research Complex - Hydrocarbon Engineering - Mr. J. F. Cole - Mr. W. W. Koenig - Mr. W. I. Doty Biological Sciences Research Center - Modesto - Manager Shell Pipeline Corporation Oil Measurement & Control - Manager - Mr. D. W. Reed Regulations & Maintenance Standards - Manager - Mr. F. T. Lee, Jr. DPMC-07043 LAM 010658 Page 7 Environmentalists - EPA Suit Settlement (Proposed) (VWW) On March 19, a new development in the regulatory situation surfaced with the emergence of a draft of a proposed settlement agreement between EPA and three environmental groups which would obviate trial in four cases now pending before the US District Court for the District of Columbia. These cases are: (1) Natural Resources Defense Council, et.al. vs Russell E. Train. This suit sought an order of the Court to add certain substances (including petroleum refinery effluents and organic chemical manufacturing plant effluents) to the list of toxic pollutants published by the EPA. The action was dismissed by the US District Court on May 23, 1974, but upon appeal by the NRDC the US Circuit Court of Appeals for D. C. remanded the case to the District Court with instructions that the Lower Court "consider the entire administrative record and reconsider its decision". The remand was made on September 15, 1975. However, EPA has not filed the administrative record, and apparently would prefer to settle the suit out of court. There were no intervenors in this case. (2) Environmental Defense Fund et.al. vs Russell E. Train. This suit seeks to compel the defendant to perform his statutory duty in promulgating final toxic pollutant standards for nine substances on the list published September 7, 1973. In this suit the American Iron and Steel Institute, the National Coal Association, American Cyanamid, and the American Petroleum Institute, with four oil companies, including Shell Oil Co. filed as Intervening Defendants. (3) Citizens for a Better Environment, et.al. vs Russell E. Train. Court. Same complaint as the action above, but not consolidated by the There are no intervenors in this suit. , (4) Natural Resources Defense Council, Inc. vs James I. Agee, et.al. Plaintiff alleges that the Administrator has not satisfied a statutory duty of timely promulgation of pre-treatment standards under Section 307(b) of PL 92-500. There are no intervenors in this suit. DPMC-07044 LAM 010659 Page 8 EPA and the plaintiffs in each of these suits propose to postpone court action, and ultimately to drop these suits under an unprecedented type of agreement as summarized below: 1. EPA will propose standards pursuant to Section 307a of PL 92-500 for aldrin/dieldrin, DDT (DDD, DDE), endrin and toxaphene on or before May 31, 1976; for benzidine on or before June 15, 1976 and for polychlorinated biphenyls (PCBs) on or before June 30, 1976. Not later than six months after the proposal, the Administrator shall promulgate final standards for each of such pollutants. 2. Except for the specific provisions of paragraph 1 above, all other effluent limitations and guidelines for point sources in 21 listed categories (appended) will detail the limitations expressly applicable to each of the pollutants listed in the agreements Appendix A (also attached). As used in the agreement, point sources applies also to the introduction of pollutants into treatment works which are publicly owned. 3. In addition to the pollutants for which regulations are to be established, the Administrator will "identify the categories or category of point sources which discharge into navigable waters or introduce into publicly owned treatment works the following pollutants": acetone, n-alkanes, biphenyl, chlorine, dialkyl ethers, dibenzofuran, diphenyl ether, methyl ethyl ketone, nitrites, secondary amines, styrene and terpenes. i. The Administrator is directed to use contractors in accordance with a stringent schedule to develop the data necessary to issue the regulations. All twenty-one contract categories must be covered by October 31, 1977. Contractors reports are required in 12 months or less after award of the contract, and the Administrator is allowed up to three months additional for a related economic study. 5. The regulations required under the agreement shall be proposed by publication in the Federal Register not later than six months following the completion of performance of the contracts, and shall be finally promulgated not later than six months following proposal. The regulations finally promulgated shall be effective not later than 30 days following their publi cation in the Federal Register. . 6. Whenever the Administrator decides to exclude any point source category or any specific pollutant from coverage, the Administrator shall file with the Court, and serve upon the parties to the cases, a statement under oath designating the point source category or sub-category or the specific pollutant to be excluded together with the reasons for such exclusion. If the plaintiffs file objections to the proposed exclusion the Court shall determine whether such exclusions shall be permitted. DPMC-07045 LAM 010660 Page 9 7. The Administrator shall provide the plaintiffs with quarterly oral briefings on the progress of the Agency and its contractors and shall provide the plaintiffs with pertinent documents and written materials supporting such progress reports. S. The regulations developed pursuant to this agreement shall be applicable to all NPDES permits issued or renewed after January 1, 1978, but prior tc promulgation of the applicable regulations. Each permit issued will contain a provision that it shall be revised or modified to require compliance with any more stringent effluent limitation which may be established for the point source. 9. Pretreatment requirements for sources discharging into publicly owned treatment plants will be promulgated on a strict schedule for eight categories of point sources. Significantly, petroleum refining is included with a promulgation date of February 15, 1977. 10. Upon completion of performance by the Administrator of all the undertakings to be performed by him under the agreement, the four cases shall be dismissed. The development of the above proposed settlement had been carried out between the principals over some period of time without consulting the interveners. When the proposed agreement first became available (week of March 15), reactions by the defendant intervenors were mixed. One, the National Coal Association, accepted and agreed to sign the proposal. American Cyanamic Company refused to participate in the agreement, but did not propose to take ar. active part in opposition to the proposal. The American Iron and Steel Institute elected to oppose the agreement. The American Petroleum Institute, et. al, at a meeting of the W-14 Committee on Toxics, also elected to oppose and so instructed their outside counsel. The Ad Hoc Organics group also suggested that Cleary, Gottlieb, Steen and Hamilton petition the Court for leave tc intervene on behalf of a number of members. Such a petition was filed in Civil Action 2153-73, the NRDC et. al. vs. EPA on behalf of nine companies, including Shell, on March 29. The above prompt actions were necessitated because the proposed agreement was to be submitted to the U. S. District Court (Judge Flannery) on March 31, asking for court approval. No action was taken on the leave to intecver.e petition during the March 31 hearing. The EPA pointed out the advantages of the four case settlement. The intervenor objectors stated their opposition to the proposed settlement, and a number of company repre sentatives ir. the audience but not party to this suit made informal presentation to Judge Flannery in opposition to the proposal. Judge Flannery then set the case over to April 21, and while continuing to hold judgement on leave to intervene, invited the interested parties to submit their views for consideration by the Court. DPMC-07046 LAM 010661 Page 16 ATTACHMENTS Point Source Categories to which proposed EPA Suit Settlement would Apply 1. Timber Products Processing (12) 2. Auto and other Laundries (9) 3. Organic Chemicals Manufacturing (2) 4. Iron and Steel Manufacturing (5) 5. Petroleum Refining (1) 6. Inorganic Chemicals Manufacturing (4) 7. Textile Mills (2) 8. Leather Tanning and Finishing (1) 9. Now-Ferrous Metals Manufacturing (7) 10. Paving and Roofing Materials (Tarsand Asphalts) (3) 11. Paint and Ink Formulation and Printing (18) 12. Soap and Detergent Manufacturing (1) 13. Steam-Electric Power Plants (1) 14. Plastic and Synthetic Material Manufacturing (1) 15. Pulp and Paper board Mills, and Converted Paper Products (19) 16. Rubber Processing (8) 17. Miscellaneous Chemicals (10) 18. Machinery & Mechanical Products Manufacturing (177) 19. Electroplating (1) 20. Ore Mining and Dressing (10) 21. Coal Mining (4) The number in parenthesis indicate the identified sub-categories affected in each of these major categories. DPMC-0704 LANl 010662 Page 17 APPENDIX A Acenaphthene Acrolein Acrylonitrile Aldrin/Dieldrin Antimony and compounds* Arsenic and compounds Asbestos Benzene Benzidine Beryllium and compounds Cadmium and compounds Carbon tetrachloride Chlordane (technical mixture and metabolites) Chlorinated benzenes (other than dichlorobenzenes) Chlorinated ethanes (including 1,2-dichloroethane, 1,1,1-trichloro- ethane, and hexachloroethane) Chloroalkyl ethers (chloromethyl, chloroethyl, and mixed ethers) Chlorinated naphthalene Chlorinated phenols (other than those listed elsewhere; includes trichlorophenols and chlorinated cresols) Chloroform 2-chlorophenol Chromium and compounds Copper and compounds Cyanides DDT and metabolites Dichlorobenzenes (1,2-,1,3-, and 1,4-dichlorobenzenes) Dichlorobenzidine Dichloroethylenes (1,1-and 1,2-dichloroethylene) 2.4- dichlorophenol Dichloropropane and dichloropropene 2.4- dimethylphenol Dinitrotoluene Diphenylhydrazine Endosulfan and metabolites Endrin and metabolites Fluoranthene Haloethers (other than those listed elsewhere; includes chlorophenyl- pheny ethers, bromophenylphenyl ether, bis(dischloroisopropyl) ether, bis-(chloroethoxv) methane and polychlorinated diphenyl ethers) Halomethanes (other than those listed elsewhere; includes methylene chloride, methylchloride, methylbromide, bromoform, dichlorobromomethane, trichlorofluoromethane, dichlorodifluoromethane) *As used throughout this Appendix A the tern "compounds" shall include organic and inorganic compounds. DPMC-07048 lam 010663 Page 18 Eeptachlor and metabolites Eexa chlorobu tadiene Eexachlorocyclohexane (all isomers) Eexachlorocyclopentadiene Isopnorone Lead and compounds Naphthalene Nickel and compounds Nitrobenzene Nitrophenols (Including 2,4-dinitrophenol, dinitrocresol) Nitrosamines Pentachlorophenol Phenol Phthalate esters Polychlorinated biphynyls (PCBs) Polynuclear aromatic hydrocarbons (including benzanthracenes, benzopyrenes, benzpfluoranthene, chrysenes, dibenzan thracenes, and indenopyrenes) Selenium and compounds Silver and compounds 2,2,7,8 - Tetrachlorodibenzo-p-dioxin (TODD) Tetrachloroethylene Thallium and compounds Toluene Tcxaphene Trichloroethylene Vinyl chloride Zinc and compounds DPMC-07049 LAM 010664