WESTERN REFINING YORKTOWN, INC

On September 9, 2010, EPA issued a combined Notice of Determination (“NOD”) and Notice of Noncompliance (“NON”) to resolve violations of the CAA which were self-disclosed by Western Refining Yorktown, Inc. (“Western”) concerning its facility located in Yorktown, Virginia (“Facility”). Western disclosed that it may have violated Section 211 of the CAA, 42 U.S.C. § 7545, by failing to comply with the correct analysis procedure for determining the volume of Reformulated Gasoline (“RFG”). Specifically, Western disclosed that it failed to use the larger of the two values for the property when the property fell outside the range specified in 40 C.F.R. Part 80.65(e)(2), as required by 40 C.F.R. Part 80.65(e)(2)(ii)(A). In addition, Western disclosed that it failed to comply with olefin content volume requirements by having three batches of RFG in excess of 25 volume percent, as required by 40 C.F.R. Part 80.45(f)(1).