REGION 9 SUBMITTED A LITIGATION REPORT TO THE OFFICE OF ENFORCEMENT AND THE DEPARTMENT OF JUSTICE REQUESTING AUTHORIZATION TO CONDUCT PREREFERRAL NEGOTIATIONS WITH POWERINE OIL COMPANY. POWERINE VIOLATED SEVERAL PROVISIONS OF THE NEW SOURCE PERFORMANCE STANDARDS ( NSPS ) FOR PETROLEUM REFINERIES, 40 C.F.R. PART 60, SUBPARTS A AND J. POWERINE OWNS AND OPERATES A PETROLEUM REFINERY IN SANTA FE SPRINGS, CALIFORNIA. THE REFINERY IS SUBJECT TO NSPS SUBPARTS A AND J, WHICH REQUIRE POWERINE TO: (1) OPERATE A CONTINUOUS EMISSIONS MONITORING SYSTEM ( CEMS ) AT ITS CLAUS SULFUR RECOVERY PLANTS TO MEASURE REDUCED SULFUR COMPOUND OR SO2 EMISSIONS INTO THE ATMOSPHERE; (2) SUBMIT SEMIANNUAL REPORTS TO EPA ON EXCESS EMISSIONS AND PERFORMANCE OF THE CEMS AT ITS FUEL GAS COMBUSTION DEVICES AND CLAUS SULFUR RECOVERY PLANTS; AND (3) OPERATE AND MAITAIN ITS POLLUTION CONTROL EQUIPMENT IN A MANNER CONSISTENT WITH GOOD AIR POLLUTION CONTROL PRACTICES TO MINIMIZE EMISSIONS. POWERINE FAILED TO INSTALL THE CEMS FOR ITS CLAUS SULFUR RECOVERY PLANTS BY THE REGULATORY DEADLINE. IN ADDITION, THE COMPANY FAILED TO SUBMIT THE SEMIANNUAL REPORTS REQUIRED BY 40 C.F.R. 60.7(C). FINALLY, POWERINE VIOLATED 40 C.F.R. 60.11(D) BY FAILING TO OPERATE AND MAINTAIN ITS AMINE TREATING UNIT PROPERLY, WHICH FREQUENTLY CAUSED EXCESS CONCENTRATION OF H2S IN THE REFINERY FUEL GAS.