The Consent Decree addresses alleged violations by LRC for its failure to comply with Section 113(b) of the Clean Air Act (the ?CAA? or the ?Act?), 42 U.S.C. ? 7413(b), at its Lima, Ohio refinery (?Lima Refinery?). More specifically, the Complaint alleges that LRC has violated and continues to violate the following CAA statutory and regulatory requirements that are applicable to the Lima Refinery:
1. The New Source Performance Standards (?NSPS?) for volatile organic compound (?VOC?) emissions from Petroleum Refinery Wastewater Systems promulgated at 40 C.F.R. Part 60, Subpart QQQ, (?NSPS QQQ?), pursuant to Section 111 of the CAA, 42 U.S.C. ? 7411;
2. The National Emission Standards for Hazardous Air Pollutants (?NESHAP?) for Benzene Waste Operations promulgated at 40 C.F.R. Part 61, Subpart FF, (?Subpart FF? or ?BWON?), pursuant to Section 112 of the CAA, 42 U.S.C. ? 7412;
3. The NSPS and NESHAP general provisions promulgated at 40 C.F.R. Part 60, Subpart A, and 40 C.F.R. Part 61, Subpart A; and
4. The portions of the Title V permit for the Lima Refinery that adopt, incorporate, or implement the NSPS and NESHAP provisions noted above.
The injunctive relief and mitigation in this Consent Decree, specifically the review of engineering design criteria of new and existing components and the required enhanced monitoring program, along with installation of control measures to flash benzene from refinery wastewater, are to reduce excess benzene and other VOC emissions from L