1. SECTION 113 OF THE CLEAN AIR ACT (CAA ), 42 U.S.C. SEC- TION 7413. 2. KOCH INDISTRIES, REFINERY COMPLEX - WEST SUNTIDE ROAD CORPUS CHRISTI, NUECES COUNTY, TEXAS 78410 3. RESPONDENT WAS IN VIOLATION OF SECTIONS 110 AND 112 OF THE CAA BY: 1) FAILURE TO TEST A FLARE THAT IS CONTROL E- QUIPMENT FOR AN OIL/WATER SEPARATOR; 2) THE TOTAL ANNUAL BENZENE FROM UNCONTROLLED STREAMS EXCEED 2MG; 3) FAILURE TO CONDUCT QUARTERLY VISUAL INSPECTIONS OF SEVERAL PIECES OF EQUIPMENT IN 1998 ; 4) RELEASE OF VOLATILE ORGANIC COMPOUND EMISSIONS FROM A PRESSURE VALVE ASSOCIA- TED WITH THE MONROE OIL/WATER SEPARATOR; AND 5) THE LACK OF LEAK DETACTION AND REPAIR PROGRAM FOR 238 VALVES IN THE GASOLINE BLENDING AREA. 4. RELIEF SOUGHT PURSUANT TO SECTION 113 OF THE CAA, EPA RE- FERRED THIS DIRECT REFERRAL TO DOJ REQUESTING PROSECTOR- IAL ASSISTANCE FOR THE VIOLATIONS. EPA IS REQUESTING A PROPOSED CIVIL PENALTIES OF $883,490 AND INJUNCTIVE RE- LIEF. 5. THIS REGION 6 REFERRAL AGAINST KOCH IS PART OF THE NA- TIONAL REFINERY ENFORCEMENT INITIATIVE. CURRENTLY, THE NATIONAL GROUP IS DEVELOPING A COMPREHENSIVE AGREEMENT WITH KOCH IN ORDER TO SETTLE EXISTING CLAIMS AND TO PRE- VENT POTENTIAL VIOLATIONS IN THE