1. SECTION 113 OF THE CLEAN AIR ACT ( CAA ), 42 U.S.C. SEC- TION 7413. 2. MARATHON ASHLAND LLC 1320 LOOP 197 SOUTH TEXAS CITY, GALVESTON COUNTY, TEXAS 77590 3. RESPONDENT WAS IN VIOLATION OF SECTION 112 OF THE CAA BY: 1) FAILURE TO CONDUCT A PERFORMANCE TEST FOR A BENZENE TREATMENT PROCESS (THERMAL OXIDIZER); 2) FAILURE TO COR- RECTLY CALCULATE THE PERFORMANCE OF ITS BENZENE TREATMENT PROCESS; 3) FAILURE TO MAINTAIN RECORDS THAT IDENTIFY EACH BENZENE WASTE STREAM (FLASH DRUM AND SLOP OIL STREAM) AND INDICATE WHETHER THE WASTE STREAM IS CONTROL- LED FOR BENZENE EMISSIONS; 4) EXCEEDING THE 6 MG/YEAR LIMIT FOR TOTAL ANNUAL BENZENE IN WASTE STREAMS; 5) FAIL- URE TO CALCULATE THE TOTAL ANNUAL BENZENE QUANTITY FOR WASTE STREAMS; 6) RECEIVED A BENZENE WASTE STREAM BUT IS NOT A CLOSED VENT SYSTEM; 7) OPERATING AN OPEN AERATION BASIN THAT RECEIVES A BENZENE WASTE STREAM BUT IS NOT A COVERED, CLOSED VENT SYSTEM; 8) FAILURE TO IMPLEMENT CON- TROLS OVER BENZENE WASTE STREAMS; AND 9) NON-COMPLIANCE WITH THE LDAR REGULATIONS. 4. RELIEF SOUGHT PURSUANT TO SECTION 113 OF THE CAA, EPA SUBMITTED A DIRECT REFERRAL TO DOJ REQUESTING PROSECUTOR- IAL ASSISTANCE FOR CIVIL VIOLATIONS THAT OCCURRED AT THE RESPONDENT'S TEXAS CITY, TEXAS FA