1. SECTION 113 OF THE CLEAN AIR ACT ( CAA ), 42 U.S.C. SEC- TION 7413. 2. KOCH INDISTRIES, REFINERY COMPLEX - EAST 1700 NUECES BAY BOULEVARD CORPUS CHRISTI, NUECES COUNTY, TEXAS 78408 3. RESPONDENT WAS IN VIOLATION OF SECTION 112 OF THE CAA BY: 1) FAILURE TO TEST FLARE THAT IS CONTROL EQUIPMENT FOR AN OIL/WATER SEPARATOR; 2) THE TOTAL ANNUAL BENZENE FROM UN- CONTROLLED STREAMS EXCEED 2MG; 3) FAILURE TO CONDUCT QUARTERLY VISUAL INSPECTIONS OF SEVERAL PIECES OF EQUIP- MENT IN 1998; 4) RELEASE OF VOLATILE ORGANIC COMPOUND EMISSIONS FROM A PRESSURE RELIEF VALVE ASSOCIATED WITH THE MONROE OIL/WATER SEPARATOR; AND 5) LACK OF LEAK DE- TECTION AND REPAIR PROGRAM FOR 283 VALVES IN THE GASOLINE BLENDING AREA, A VIOLATION OF SECTION 110 OF THE CAA. 4. RELIEF SOUGHT PURSUANT TO SECTION 113 OF THE CAA, EPA RE- FERRED THIS DIRECT REFERRAL TO DOJ REQUESTING PROSECUTOR- IAL ASSISTANCE FOR CIVIL VIOLATIONS. EPA IS SEEKING IN- JUNCTIVE RELIEF. 5. THE REGION 6 REFERRAL IS PART OF THE NATIONAL REFINERY ENFORCEMENT INITIATIVE. CURRENTLY, THE NATIONAL GROUP IS DEVELOPING A COMPREHENSIVE AGREEMENT WITH KOCH IN ORDER TO SETTLE EXISTING CLAIMS AND TO PREVENT POTENTIAL VIOLA- TIONS IN THE FUTURE.