1. SECTION 113 OF THE CLEAN AIR ACT ( CAA ), 42 U.S.C. SECTION 7413.2. PHILLIPS PETROLEUM COMPANY OFF HIGHWAY 35 & FM 524 @ OLD OCEAN SWEENY, BRAZORIA COUNTY, TEXAS 77480 3. RESPONDENT WAS IN VIOLATION OF SECTION 112 OF THE CAA BY: 1) THE CONTROL DEVICE FOR THE WASTEWATER TREATMENT PLANT DID NOT HAVE A VALID PERFORMANCE TEST; 2) FAILURE TO HAVE A VALID PERFORMANCE TEST FOR THE RTO; 3) FAILURE TO CAP OPEN-ENDED VALVES IN UNIT 5; 4) FAILURE TO CAP OPEN-ENDED VALVES IN UNIT 22; 5) FAILURE TO CAP OPEN-ENDED VALVES ON UNIT 33; 6) FAILURE TO CAP OPEN-ENDED VALVES ON UNIT 24; 7) FAILURE TO CAP OPEN-ENDED VALVES ON UNIT 12; AND 8)FAILURE TO INCLUDE UNIT 12 IN THE LDAR PROGRAM FOR 26 MONTHS. 4. RELIEF SOUGHT PURSUANT TO SECTION 113 OF THE CAA, EPA SUBMITTED A DIRECT REFERRAL TO DOJ REQUESTING PROSECUTORIAL ASSISTANCE FOR CIVIL VIOLATIONS AGAINST THE RESPONDENT. EPA IS SEEKING A PROPOSED CIVIL PENALTY OF $385,000 AND INJUNCTIVE RELIEF.
4/13/2012: Third Amendment to CD.