On April 30, 2007, Plaintiff, the United States of America (United States), United States Environmental Protection Agency (EPA), filed a Complaint Defendant, TOTAL Petrochemicals USA, Inc., now known as Total Petrochemicals Inc. (TOTAL), for alleged violations at TOTALs petroleum refinery located in Arthur, Texas (Refinery); WHEREAS, the Complaint alleged that TOTAL violated various Clean Air Act (CAA) statutory and regulatory provisions, including, but not limited to: 1) New Source Standards (NSPS) found at 40 C.F.R. Part 60, Subparts A and J, promulgated pursuant to Section 111 ofthe Act, 42 U.S.C. 7411 (Refinery NSPS Regulations), for sulfur plants, fuel gas combustion devices, and fluid catalytic cracking unit catalyst regenerators; and 2) National Emission Standards for Hazardous Air Pollutants (NESHAP) for Benzene Waste Operations, promulgated pursuant to Section 112(e) of the Act, 42 U.S.C. 7412(e), and found at 40 CFR Part 61, Subpart FF (Benzene Waste NESHAP Regulations).