<NATURE OF THE CASE> TEXACO OWNS AND OPERATES A PETROLEUM REFINERY IN DELAWARE CITY, DELAWARE. AS PART OF THE PROCESS AT THIS PLANT, TEXACO REFINES, PURIFIES, AND STORES PURE BENZENE. SINCE THE PLANT PRODUCES OR USES AT LEAST 1000 MEGAGRAMS (=2.2 MILLION LBS) OF BENZENE PER YEAR, IT IS SUBJECT TO THE NESHAPS FOR EQUIPMENT LEAKS OF BENZENE (40CFR/61.SUB J),AND NESHAPS FOR EQUIPMENT LEAKS OF VHAP'S (40CFR/61.SUB V). . <CAUSE OF ACTION> THE BENZENE REGS WERE PROMULGATED ON 6/6/84, REQUIRING SUBJECT SOURCES TO SUBMIT AN INITIAL REPORT WITHIN 90 DAYS. TEXACO SUBMITTED A TIMELY REPORT, BUT FAILED TO INCLUDE A DESCRIPTION OF THE NATURE, SIZE, DESIGN, AND METHOD OF OPER- ATION, AND THE AVG. WEIGHT PER MONTH OF HAZARDOUS MATERIALS BEING PROCESSED BY THE SOURCE, IN VIOLATION OF: --40CFR/61.10 (GENERAL PROVISIONS OF NESHAPS), AND --40CFR/61.247(A)(2). TEXACO DID SUPPLY THIS INFORMATION IN RESPONSE TO A SECT/114 LETTER FROM EPA. ON MAY 25, 1985, EPA INSPECTED THE SOURCE, IDENTIFYING THE FOLLOWING VIOLATIONS: . 1/ FAILURE TO MARK 20 VALVES IN BENZENE SERVICE SO AS TO DISTINGUISH THEM FROM OTHER EQUIP