AS PART OF THE NATIONAL REFINERY INITIATIVE, EPA, REGION 4, INVESTIGATED ALL THE REFINERIES IN THIS REGION. THE MEMPHIS REFINERY WAS INVESTIGATED THROUGH SECTION 114 REQUESTS (IN 1999, 2000, AND 2003) AND A MULTIMEDIA INSPECTION ON OCTOBER 20-24, 2002. BASED ON THE MULTIMEDIA INSPECTION, REVIEW OF INFORMATION SUBMITTED AND FILE REVIEW, EPA DETERMINED THAT THE REFINERY VIOLATED THE CAA AND THE FOLLOWING IMPLEMENTED REGULATIONS SET FORTH IN 40 CFR PART 61, SUBPART FF (NATIONAL EMISSION STANDARDS FOR BENZENE WASTE OPERATIONS):
A. FAILURE TO SUBMIT PROCESS CHANGE REPORTS AT THE TIME OF STARTUP OF A PROCESS CHANGE WHICH GENERATES THE WASTE STREAM THAT COULD CAUSE THE TOTAL ANNUAL BENZENE QUANTITY FROM THE FACILITY TO INCREASE TO 10 MG/YR OR MORE, IN VIOLATION OF SECTION 61.355(a)(4)(ii), SECTION 61.357(c), AND SECTION 63.647(a) AND (c).
B. FAILURE TO INCLUDE ALL APPLICABLE WASTE STREAMS IN TAB FOR CALENDAR YEARS 1997 THROUGH 2002 IN VIOLATION OF 40 CFR SECTION 61.357(a) AND 63.647(a) AND (c) FOR EACH WASTE STREAM NOT INCLUDED.
C. FAILURE TO INCLUDE THE ANNUAL BENZENE QUANTITY FOR EACH PROCESS UNIT TURNAROUND WASTE INTO THE CALCULATION FOR THE TAB FOR 1997 THROUGH 2001, IN VIOLATION OF 40 CFR 61.355(a)(2) FOR EACH WASTE STREAM NOT INCLUDED. THERE WERE 13 DOCUMENTED TURNAROUNDS FROM 1998 THROUGH 2001;
D. FAILURE TO IMPLEMENT CONTROLS AS REQUIRED WHEN THE TAB IS EQUAL TO OR GREATER THAN 10 MG/YR OF BENZENE FROM 1998 TO THE PRESENT, IN VIOLATION OF 40 CFR 61.348.