1. SECTION 113 OF THE CLEAN AIR ACT ( CAA ), 42 U.S.C. SECTION 7413. 2. VALERO REFINING COMPANY LOOP 197 SOUTH & 14TH STREET TEXAS CITY, GALVESTON COUNTY, TEXAS 77590 3. RESPONDENT WAS IN VIOLATION OF SECTIONS 110, 111 AND 112 OF THE CWA BY: 1) FAILURE TO KEEP A RECORD THAT SHOWED DIFFICULT-TO-MONITOR VALVES WERE MONITORED FOR 2 YEARS AND TO PROVIDE SEMI-ANNUAL REPORTS FOR DIFFICULT-TO-MONITOR VALVES; 2) FAILURE TO KEEP A RECORD OF MONITORING; 3) FAILURE TO PERFORM DAILY CALIBRATIONS OF INSTRUMENTS; 4) FAILURE TO PERFORM DAILY CALIBRATION OF MONITORING ANALYZER; 5) FAILURE TO SUBMIT THE NOTIFICATION OF COMPLIANCE STATUS REPORT BY THE FEB. 26, 2000 CUT-OFF DATE AND TO PROVIDE AN INITIAL NOTIFICATION OF STARTUP DUE OCT. 29, 1996; 6) INCORRECTLY REPORTING ITS ANNUAL BENZENE (TAB) QUANTITY FROM FACILITY WASTE BY FAILING TO TEST BENZENE STREAMS AT THE POINT OF GENERATION; 7) FAILURE TO REPORT THE TOTAL BENZENE CONCENTRATION RANGE AND ANNUAL FLOW- WEIGHTED BENZENE CONCENTRATION BY WEIGHT IN ITS ANNUAL REPORT; 8) FAILURE TO PROPERLY MEASURE AND INCLUDE BENZENE FROM OFF-SITE WASTEWATER FLOW IN ITS ANNUAL TAB; AND 9-27) EXCEEDING THE MAXIMUM ALLOWABLE PERMITTED EMISSIONS LIMITS ON 19 OF ITS PERMITS. 4. RELIEF SOUGHT PURSUANT TO SECTION 113 OF THE CAA, EPA SUBMITTED A DIRECT REFERRAL TO DOJ REQUESTING DOJ TO INITIALIZE A CIVIL ENFORCEMENT ACTION AGAINST VALERO RE- FINING CO. IN TEXAS CITY, TEXAS. EPA IS SEEKING A PROPOSED CIVIL PENALTY OF $9,441,000 FOR THE ALLEGED VIO