DOJ, EPA Region 2 and EPA headquarters staff have already met with Defendant to discuss the Petroleum Refinery Initiative and terms generally agreed upon in petroleum refiner global and mini-global Consent Decrees (CDs). EPA requests the Department of Justice continue negotiations seeking penalties and injunctive relief for known and potential violations of the Clean Air Act (CAA) violations at the refinery in the Virgin Islands.
In an expedited referral letter to DOJ dated September 28, 2004, EPA requested that DOJ bring a civil action against Defendant as a part of the Petroleum Refinery Initiative. Since 2004, the U.S. and the Virgin Islands have been negotiating a settlement of the PRI issues. In 2006, HOVENSA informed the governments of violations of its delayed coker unit, which is not routinely included in PRI settlements. Confirms an oral request form EPA that DOJ include settlement of the coker violations in the PRI settlement.
On June 7, 2011, the U.S. District Court for the Virgin Islands entered a consent decree resolving CAA violations, primarily of PSD, NSPS, Leak Detection and Repair and Benzene Waste Operation NESHAP regulations alleged against the Defendant. Injunctive relief conducted pursuant to the CD is expected to reduce emissions of NOx and SO2. Defendant will pay the United States a civil penalty and incorporate new pollution controls that will help protect public health and the environment. Defendant will also pay the U.S. Virgin Islands,