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UNITED STATES ENVIRONMENTAL PROTECTION AGENCY REGION 6 1201 ELM STREET, SUITE 500 DALLAS, TEXAS 75270-2102 TRANSMITTED VIA E-MAIL March 29, 2021 Mr. Tommy Chavez General Manager Total Petrochemicals and Refining USA, Inc. P.O. Box 2039 Port Arthur, Texas 77641 tommyj.chavez@total.com Re: Administrative Order; Docket Number: CWA-06-2021-1715 Total Petrochemicals and Refining USA, Inc. Wastewater Treatment Plant TPDES Permit Number: TX0004201 Dear Mr. Chavez: Enclosed is an Administrative Order (AO) issued to Total Petrochemicals and Refining USA, Inc., for violations 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 submitted for the Total Petrochemicals and Refining Wastewater Treatment Plant. The violations alleged are for failure to meet permit effluent limitations. The Environmental Protection Agency requests that you immediately confirm receipt of this e-mail and the attached order by a response e-mail to vaughn.alan@epa.gov. 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 Environmental Protection Agency 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-06-2021-1715 and TPDES Permit Number TX0004201 on your response. EPA acknowledges that the COVID-19 pandemic may impact your refinery. If this is the case, please contact us regarding any specific issues you need to discuss. 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 DN: c=US, o=U.S. Government, ou=Environmental Protection Agency, cn=CHERYL SEAGER, 0.9.2342.19200300.100.1.1=68001003651793 Date: 2021.03.29 13:56:24 -05'00' Cheryl T. Seager, Director Enforcement and Compliance Assurance Division ec: sandra.douglas@tceq.texas.gov lynley.doyen@tceq.texas.gov UNITED STATES ENVIRONMENTAL PROTECTION AGENCY Region 6 1201 Elm St. Suite 500 Dallas, TX 75270-2102 FINDINGS OF VIOLATION AND COMPLIANCE ORDER Docket Number: CWA-06-2021-1715; TPDES Permit Number: TX0004201 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), 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. Total Petrochemicals and Refining USA, Inc. (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 Total Petrochemical and Refining Wastewater Treatment Plant (facility) located at 7600 32nd Street, City of Port Arthur, Jefferson County, Texas 77642, and was, therefore, an "owner or operator" within the meaning of 40 C.F.R. 122.2. 3. At all relevant times, the facility acted as a "point source" of a "discharge" of "pollutants" with its final wastewater discharge via Outfall 001 directly to the Neches River Tidal; via Outfalls 002, 003, 005 to a tidal canal (tidal portion of the Boat Canal), thence to the Neches River Tidal; via Outfall 007 to a series of unnamed drainage ditches, thence to the Neches River Tidal in Segment 0601 of the Neches River Basin; via Outfall 004 to Jefferson County Drainage District No. 7 (JCDD 7) Atlantic Main-Lateral lA, thence to Atlantic Main, thence to Crane Bayou Main, thence via the JCDD No. 7 Crane Bayou Pump Station to Crane Bayou (tidal), thence to the Sabine - Neches Canal Tidal; and via Outfalls 006 and 008 to an unnamed drainage ditch, thence to Jefferson County Drainage District No. 7 (JCDD 7) Atlantic Main- Lateral lA, thence to Atlantic Main, thence to Crane Bayou Main, thence via the JCDD No. 7 Crane Bayou Pump Station to Crane Bayou (tidal), thence to the Sabine Neches Canal Tidal in Segment 0703 of the Neches - Trinity Coastal Basin, which are each a "water 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 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. TX0004201 (permit) under Section 402 of the Act, 33 U.S.C. 1342, which was issued on June 7, 2018. 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. 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 file with TCEQ certified Discharge Monitoring Reports (DMRs) of the results of monitoring, and 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. Docket No. CWA-06-2021-1715 Page 2 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 established in the permit, as specified in Attachment B, which is incorporated herein by reference. 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. E. Any information or correspondence submitted by Respondent to EPA under this Order shall be addressed to the following: Mr. Alan Vaughn Water Enforcement Branch (ECDWM) U.S. EPA, Region 6 1201 Elm St. Suite 500 Dallas, TX 75270-2102 and vaughn.alan@epa.gov SECTION 309(a)(3) COMPLIANCE ORDER GENERAL PROVISIONS Based on the foregoing Findings and pursuant to the Respondent may seek federal judicial review of the authority of Section 309(a)(3) of the Act, 33 U.S.C. 1319(a)(3), Order pursuant to Chapter 7 of the Administrative Procedure Act, EPA hereby orders Respondent to take the following action: 5 U.S.C. 701-706. 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 pH, Total Suspended Solids, Total Sulfides, and Oil & Grease violations. 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 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. 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. This Order does not constitute a waiver or modification of the terms or conditions of Respondent's NPDES 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. March 29, 2021 Date Digitally signed by CHERYL SEAGER DN: c=US, o=U.S. Government, ou=Environmental Protection Agency, cn=CHERYL SEAGER, 0.9.2342.19200300.100.1.1=68001003651793 Date: 2021.03.29 13:52:44 -05'00' Cheryl T. Seager, Director Enforcement and Compliance Assurance Division Attachment A TX0004201 Permit Limits Effluent Characteristics Discharge Limitations Outfall 001 Total Suspended Solids (TSS) Total Sulfides Outfall 002 Oil & Grease Outfall 004 Oil & Grease Outfall 005 Total Suspended Solids (TSS) Outfall 007 Total Suspended Solids (TSS) Daily Avg mg/L (lbs/day) 2555 lbs/day 11.3 lbs/day The pH shall be not less than 6.0 standard units nor greater than 9.0 standard units Daily Max mg/L (lbs/day) 4808 lbs/day 25.3 lbs/day 15 mg/L 15 mg/L 60 mg/L 60 mg/L ATTACHMENT B Effluent Violations TX0004201 Monitoring Period 01/31/2020 03/31/2020 04/30/2020 09/30/2020 11/30/2020 11/30/2020 11/30/2020 12/31/2020 12/31/2020 12/31/2020 Outfall 004 007 007 001 001 001 004 001 001 002 Parameter Oil & Grease Solids, total suspended Solids, total suspended pH Solids, total suspended Sulfide, total [as S] Oil & Grease Sulfide, total [as S] Sulfide, total [as S] Oil & Grease Monitoring DAILY MX DAILY MX DAILY MX MAXIMUM DAILY MX DAILY AV DAILY MX DAILY AV DAILY MX DAILY MX Units mg/L mg/L mg/L SU lb/d lb/d mg/L lb/d lb/d mg/L Permit Limit DMR Value 15. 26.2 60. 340. 60. 500. 9. 10.3 4808. 7332.479 11.3 17.143 15. 28.3 11.3 13.628 25.3 36.263 15. 18.7 Number of Excursions 1 12 4 1 2 1 1 4 4