

[Federal Register: June 13, 2007 (Volume 72, Number 113)]
[Notices]               
[Page 32657-32660]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr13jn07-73]                         

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ENVIRONMENTAL PROTECTION AGENCY

[Docket ID Number OECA 2005-0081; FRL-8325-1]

 
Safe Drinking Water Act: Proposed Administrative Settlement, 
Penalty Assessment and Opportunity To Comment Regarding Shell Oil 
Company

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: EPA has entered into a consent agreement with Shell Oil 
Company (``Shell'' or ``Respondent'') to resolve violations of the Safe 
Drinking Water Act (``SDWA'') and the Resource Conservation and 
Recovery Act (``RCRA'') and their implementing regulations.
    The Administrator is hereby providing public notice of this Consent 
Agreement and proposed Final Order, and providing an opportunity for 
interested persons to comment on the SDWA portions of this Consent 
Agreement in accordance with SDWA section 1423(c)(3)(B).

DATES: Comments are due on or before July 13, 2007.

ADDRESSES: Comments may be submitted electronically, by mail, or 
through hand delivery/courier. Follow the detailed instructions as 
provided in Section I. B of the SUPPLEMENTARY INFORMATION section.

FOR FURTHER INFORMATION CONTACT: Lynn S. Holloway, Waste and Chemical 
Enforcement Division (2246-A), U.S. Environmental Protection Agency, 
1200 Pennsylvania Avenue, NW., Washington, DC 20460; telephone (202) 
564-4241; fax: (202) 564-0019; e-mail: Holloway.Lynn@epa.gov.

SUPPLEMENTARY INFORMATION:

I. General Information

A. How Can I Get Copies of This Document?

    1. Docket. EPA has established an official public docket for this 
action under Docket ID No. OECA-2005-0081.
    The official docket consists of the Consent Agreement, proposed 
Final Order, and any public comments received. The official public 
docket is the collection of materials that is available for public 
viewing at the Enforcement and Compliance Docket Information Center 
(ECDIC) in the EPA Docket Center (EPA/DC) EPA West, Room B102, 1301 
Constitution Ave., NW., Washington, DC. The EPA Docket Center Public 
Reading Room is open

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from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal 
holidays. The telephone number for the Public Reading Room is (202) 
566-1744, and the telephone number for the ECDIC is (202) 566-1752. A 
reasonable fee may be charged by EPA for copying docket materials.
    2. Electronic Access. You may access this Federal Register document 
electronically through the EPA Internet under the ``Federal Register'' 
listings at http://www.epa.gov/fedrgstr/.

    An electronic version of the public docket is available through 
EPA's electronic public docket and comment system, EPA Dockets. You may 
use EPA Dockets at http://www.epa.gov/edocket/ to submit or view public 

comments, and to access those documents in the public docket that are 
available electronically. Once in the system, select ``search,'' then 
key in the appropriate docket identification number.
    For public commentors, it is important to note that EPA's policy is 
that public comments, whether submitted electronically or in paper, 
will be made available for public viewing in EPA's electronic public 
docket as EPA receives them and without change, unless the comment 
contains copyrighted material, Confidential Business Information, or 
other information whose disclosure is restricted by statute. When EPA 
identifies a comment containing copyrighted material, EPA will provide 
a reference to that material in the version of the comment that is 
placed in EPA's electronic public docket. The entire printed comment, 
including the copyrighted material, will be available in the public 
docket.
    Public comments submitted on computer disks that are mailed or 
delivered to the Docket will be transferred to EPA's electronic public 
docket. Public comments that are mailed or delivered to the Docket will 
be scanned and placed in EPA's electronic public docket. Where 
practical, physical objects will be photographed, and the photograph 
will be placed in EPA's electronic public docket along with a brief 
description written by the docket staff.

B. How and to Whom Do I Submit Comments?

    You may submit comments electronically, by mail, or through hand 
delivery/courier. To ensure proper receipt by EPA, identify the 
appropriate docket identification number in the subject line on the 
first page of your comment. Please ensure that your comments are 
submitted within the specified comment period. Comments received after 
the close of the comment period will be marked ``late.'' EPA is not 
required to consider these late comments.
    1. Electronically. If you submit an electronic comment as 
prescribed below, EPA recommends that you include your name, mailing 
address, and an e-mail address or other contact information in the body 
of your comment. Also include this contact information on the outside 
of any disk or CD-ROM you submit, and in any cover letter accompanying 
the disk or CD-ROM. This ensures that you can be identified as the 
submitter of the comment and allows EPA to contact you in case EPA 
cannot read your comment due to technical difficulties or needs further 
information on the substance of your comment. EPA's policy is that EPA 
will not edit your comment, and any identifying or contact information 
provided in the body of a comment will be included as part of the 
comment that is placed in the official public docket, and made 
available in EPA's electronic public docket. If EPA cannot read your 
comment due to technical difficulties and cannot contact you for 
clarification, EPA may not be able to consider your comment.
    i. EPA Dockets. Your use of EPA's electronic public docket to 
submit comments to EPA electronically is EPA's preferred method for 
receiving comments. Go directly to EPA Dockets at http://www.epa.gov/edocket
, and follow the online instructions for submitting comments.

    Once in the system, select ``search,'' and then key in Docket ID 
No. OECA-2005-0081. The system is an ``anonymous access'' system, which 
means EPA will not know your identity, e-mail address, or other contact 
information unless you provide it in the body of your comment.
    ii. E-mail. Comments may be sent by electronic mail (e-mail) to 
docket.oeca@epa.gov., Attention Docket ID No. OECA-2005-0081. In 

contrast to EPA's electronic public docket, EPA's e-mail system is not 
an ``anonymous access'' system. If you send an e-mail comment directly 
to the Docket without going through EPA's electronic public docket, 
EPA's e-mail system automatically captures your e-mail address. E-mail 
addresses that are automatically captured by EPA's e-mail system are 
included as part of the comment that is placed in the official public 
docket, and made available in EPA's electronic public docket.
    iii. Disk or CD-ROM. You may submit comments on a disk or CD-ROM 
that you mail to the mailing address identified in Section I.A.1. These 
electronic submissions will be accepted in WordPerfect or ASCII file 
format. Avoid the use of special characters and any form of encryption.
    2. By Mail. Send your comments to: Enforcement and Compliance 
Docket Information Center, Environmental Protection Agency, Mailcode: 
2201T, 1200 Pennsylvania Ave., NW., Washington, DC 20460, Attention 
Docket ID No. OECA-2005-0081.
    3. By Hand Delivery or Courier. Deliver your comments to the 
address provided in Section I.A.1., Attention Docket ID No. OECA 2005-
0081. Such deliveries are only accepted during the Docket's normal 
hours of operation as identified in Section I.A.1.

II. Background

    Shell Oil Company and affiliates Shell Chemical LP, Equilon 
Enterprises LLC, Motiva Enterprises LLC, and Criterion Catalysts 
Technologies, LP (collectively ``Shell'' or ``Respondent''), comprise a 
global group of energy and petrochemical companies with corporate 
offices in Houston, Texas. Respondent is authorized to do business in 
the states of California, Delaware, Illinois, Indiana, Louisiana, Ohio, 
Texas, and Washington. Respondent is the owner and operator of 
hazardous waste management facilities subject to regulation under 
Subtitle C of RCRA. Respondent is also the owner and operator of Class 
I hazardous waste injection wells subject to regulation under SDWA.
    On or about April 9, 2004, pursuant to EPA's Policy on Incentives 
for Self-Policing (Audit Policy), 65 FR 19618 (April 11, 2000), 
Respondent submitted its initial voluntary disclosure to EPA regarding 
potential violations of RCRA's financial responsibility regulations. 
Respondent submitted additional clarifying disclosures on August 26, 
2004, December 9, 2004, and April 13, 2005. Respondent's submissions 
disclosed that it failed to satisfy certain financial responsibility 
requirements under RCRA for closure, post-closure care, and third-party 
liability, and under SDWA for plugging and abandonment, at seventeen 
facilities in eight states between March 30, 2004 and May 28, 2004.
    Respondent's Audit Policy disclosure indicated that based on the 
need of its parent companies (Royal Dutch Petroleum Company and Shell 
Transport and Trading Company) to restate certain oil and gas reserves 
related to years prior to 2003, Respondent's annual report had been 
delayed, and that its auditor could not complete a certification until 
the

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restatement work by the parent companies was completed. Accordingly, 
Respondent was not able to submit updated financial information to 
demonstrate that it met the financial test or corporate guarantee for 
the seventeen facilities by March 30, 2004, as required by RCRA, SDWA, 
and their implementing regulations. Respondent's updated financial 
information in support of its corporate guarantee was not submitted to 
EPA and the affected states until May 28, 2004.
    Section 3008(a) of RCRA, 42 U.S.C. 6928(a), authorizes the EPA to 
issue compliance orders whenever the EPA determines that any person is 
violating any requirement of the Act. Pursuant to RCRA section 3006, 42 
U.S.C. 6926, California, Delaware, Illinois, Louisiana, Texas, and 
Washington have been authorized to administer a state hazardous waste 
program. Any noncompliance with the regulations promulgated pursuant to 
Subtitle C of RCRA, or with any state provision authorized pursuant to 
RCRA section 3006, constitutes a violation of RCRA and is subject to 
the assessment of penalties and issuance of compliance orders pursuant 
to RCRA section 3008.
    Section 3008(h) of RCRA, 42 U.S.C. 6928(h), authorizes EPA to issue 
orders requiring corrective action or such other measures as EPA may 
deem necessary to protect human health or the environment. EPA's 
authority under this section includes, among other things, the 
authority to require financial assurance for corrective action.
    Section 1423 of the SDWA, 42 U.S.C. 300h-2, authorizes the EPA to 
issue compliance orders whenever the EPA finds that any person is 
violating any requirement of an Underground Injection Control (UIC) 
program where a state does not have primary enforcement responsibility. 
Criterion Catalysts Technologies, LP, a subsidiary of Shell, operates 
three Class I hazardous waste injection wells in Michigan City, Indiana 
(UIC Permit Numbers IN-091-0001, IN-091-0002, and IN-091-0004). Indiana 
does not have primacy over Class I hazardous waste injection wells. See 
40 CFR 147.751. Therefore, the UIC program for Class I wells in the 
state of Indiana is administered by EPA.
    Specifically, Respondent disclosed that it failed to satisfy the 
requirements of the corporate guarantee for closure by failing to 
provide updated financial information within 90 days after the close of 
FY 2003, at the following nine facilities: Martinez Refining Co. 
(Martinez, California); Carson Marine Terminal (Carson, California); 
Delaware City Refinery (Delaware City, Delaware); Wood River Refining 
Co. (Wood River, Illinois); Odessa Refining Co. (Odessa, Texas); Shell 
Deer Park Refining Co. (Deer Park, Texas); Westhollow Technology Center 
(Houston, Texas); Port Arthur Refinery (Port Arthur, Texas); and Puget 
Sound Refining Co. (Anacortes, Washington), in violation of RCRA 
section 3008(a), 42 U.S.C. 6928(a), and Cal. Code of Reg. 66264.143(f), 
66265.143(f) (California); Del. Admin. Code 7-1000 264-264.143(f) 
(Delaware); 35 Ill. Adm. Code 724.243(f) (Illinois); LAC 33:V.3707.F. 
(Louisiana); 30 Texas Admin. Code, 37.251 (Texas); and WAC 173-303-
620(4) (Washington).
    Respondent further disclosed that it failed to satisfy the 
requirements of the corporate guarantee for post-closure by failing to 
provide updated financial information within 90 days after the close of 
FY 2003, at the following twelve facilities: Martinez Refining Co. 
(Martinez, California); Los Angeles Refining Co., (Wilmington, 
California); Delaware City Refinery (Delaware City, Delaware); Wood 
River Refining Co. (Wood River, Illinois); Norco Chemical Plant--West 
Site (Norco, Louisiana); Odessa Refining Co. (Odessa, Texas); Shell 
Deer Park Refining Co. (Deer Park, Texas); Westhollow Technology Center 
(Houston, Texas); Port Arthur Refinery (Port Arthur, Texas); and Puget 
Sound Refining Co. (Anacortes, Washington), in violation of RCRA 
section 3008(a), 42 U.S.C. 6928(a), and 22 Cal. Code of Reg. 
66264.145(f), 66265.145(f) (California); Del. Admin. Code 7-1000 264-
264.145(f) (Delaware); 35 Ill. Adm. Code 724.245(f) (Illinois); LAC 
33:V.3711.F. (Louisiana); 30 Texas Admin. Code, 37.251 (Texas); and WAC 
173-303-620(6) (Washington).
    Respondent further disclosed that it failed to satisfy the 
requirements of the corporate guarantee for third-party liability by 
failing to provide updated financial information within 90 days after 
the close of FY 2003, at the following twelve facilities: Martinez 
Refining Co. (Martinez, California); Los Angeles Refining Co., 
(Wilmington, California); Delaware City Refinery (Delaware City, 
Delaware); Wood River Refining Co. (Wood River, Illinois); Norco 
Chemical Plant--West Site (Norco, Louisiana); Odessa Refining Co. 
(Odessa, Texas); Shell Deer Park Refining Co. (Deer Park, Texas); 
Westhollow Technology Center (Houston, Texas); Port Arthur Refinery 
(Port Arthur, Texas); and Puget Sound Refining Co. (Anacortes, 
Washington), in violation of RCRA section 3008(a), 42 U.S.C. 6928(a), 
and 22 Cal. Code of Reg. 66264.147(g), 66265.147(g) (California); Del. 
Admin. Code 7-1000 264-264.147(f) (Delaware); 35 Ill. Adm. Code 
724.247(f) (Illinois); LAC 33:V.4411.F. (Louisiana); 30 Texas Admin. 
Code, 37.404 (Texas); and WAC 173-303-620(8) (Washington).
    In addition, Respondent disclosed that it failed to comply with the 
financial responsibility requirements in the corrective action order 
under Dkt. No. RCRA-05-2003-0007, issued pursuant to RCRA section 
3008(h), 42 U.S.C. 6928(h).
    Finally, Respondent disclosed that it failed to satisfy the 
requirements of the corporate guarantee for plugging and abandonment by 
failing to provide updated financial information within 90 days after 
the close of FY 2003, at the following three facilities: Criterion 
Catalysts (Permit IN-091-0001) (Michigan City, Indiana); 
Criterion Catalysts (Permit IN-091-0002) (Michigan City, 
Indiana); and Criterion Catalysts (Permit IN-091-0004) 
(Michigan City, Indiana), in violation of SDWA section 1421(b), 42 
U.S.C. 300h(b), and 40 CFR 144.63(f)(1) and 144.63(f)(5).
    EPA, as authorized by RCRA section 3008(g), 42 U.S.C. 6928(g) and 
SDWA section 1423(c), 42 U.S.C. 300h-2(c), has assessed a civil penalty 
for these violations.
    EPA has determined that Respondent has satisfied all of the 
conditions set forth in the Audit Policy and thereby qualifies for a 
100% reduction of the gravity component of the civil penalty. EPA has 
determined that the gravity component of the civil penalty is 
$77,546.50. Of that penalty, $77,391.50 is attributable to the RCRA 
violations and $155 is attributable to SDWA violations. EPA alleges 
that this gravity component is assessable against Respondent for the 
violations that are the basis of this Agreement.
    Under the Audit Policy, EPA reserves the right to collect any 
economic benefit that Respondent may have realized as a result of its 
noncompliance. Based on information provided by Respondent, EPA has 
determined that Respondent obtained an economic benefit of $153,949 as 
a result of its noncompliance. Of this amount, $153,757 is attributable 
to the RCRA violations and $192 is attributable to the SDWA violations. 
Accordingly, the civil penalty agreed upon by the parties for 
settlement purposes is $153,949. Respondent has agreed to pay this 
amount. EPA and Respondent negotiated this agreement following the 
Consolidated Rules of Practice, 40 CFR 22.13(b). This Consent Agreement 
and proposed Final Order is subject to public notice and comment under 
SDWA section 1423(c)(3)(B), 42 U.S.C.

[[Page 32660]]

300h-2(c)(3)(B) and 40 CFR 22.45(b) and (c).

    Dated: June 7, 2007.
Rosemarie A. Kelley,
Director, Waste and Chemical Enforcement Division, Office of 
Enforcement and Compliance Assurance.
[FR Doc. E7-11418 Filed 6-12-07; 8:45 am]

BILLING CODE 6560-50-P
