9/30/03 - Referral sent to DOJ and complaint filed. Region 4's referral to the Department of Justice seeks civil judicial action against Ergon Refining, Inc. (ERI), for alleged violations of the Clean Air Act (CAA) at ERI's facility in Vicksburg, Mississippi. This facility is part of the national petroleum refinery initiative in which the Department of Justice (DOJ), and the United States Environmental Protection Agency (EPA) have been extensively involved. The case also includes as a Defendant Ergon-West Virginia, Inc. (EWV) located in Newell, West Virginia. Simultaneous filing of a Complaint and Consent Decree are proposed.
The relevant provisions of the CAA are the Prevention of Significant Deterioration (PSD) requirements at Part C of Subchapter I of the CAA, 42 U.S.C. Sections 7470 through 7479, and the regulations promulgated thereunder at 40 C.F.R. ? 52.21 and the Mississippi State Implementation Plan and rules setting forth the PSD regulations. New Source Performance Standards are found under Section 111 of the CAA, 42 U.S.C. Section 7411, and regulations promulgated under 40 C.F.R. Part 60 Subparts A and J, specifically applicable to petroleum refineries. Pursuant to Section 112 of the CAA, 42 U.S.C. Section 7412, EPA has promulgated National Emission Standards for Hazardous Air Pollutants (NESHAPs) including regulations for equipment leaks (fugitive emission sources) set forth at 40 C.F.R. Part 61, Subpart J; Part 63, Subparts H and CC; and Part 60 Subpar