ORIGINAL FACILITY IS HILO MARKETING TERMINAL IN HILO, HI. THE VIOLATIONS THAT ARE THE SUBJECT OF THIS REFERRAL OCCURRED AS A RESULT OF CHEVRON'S FAILURE TO COMPLY WITH THE 40 C.F.R. PART 60, SUBPARTS A AND XX REQUIREMENTS, WHICH WERE TRIGGERED WHEN CHEVRON BEGAN TO CONSTRUCT ITS NEW BOTTOM LOADING RACK AREA. EPA REGION IX SEEKS BOTH INJUNCTIVE RELIEF AND THE PAYMENT OF A CIVIL PENALTY OF AT LEAST $221,069. ----- NOTE: THIS CASE HAS NOW CONSOLIDATED THREE SEPARATE ENFORCEMENT ACTIONS THAT WERE ORIGINALLY REFERRED TO THE DEPARTMENT OF JUSTICE AS SEPARATE MATTERS: HILO MARKET TERMINAL (DOCKET CASE ID: 09-1997-0042), KAHULUI MARKET TERMINAL (DOCKET CASE ID: 09-1998-0113), AND KAPOLEI REFINERY (DOCKET CASE ID: 09-1998-0133). THESE THREE FACILITIES WERE ALL COVERED BY THE COMPLAINT FILED 2-15-01. THE DEPARTMENT OF JUSTICE DECIDED TO CONSOLIDATE ALL THREE MATTERS INTO A SINGLE CASE BECAUSE: (1) ALL THREE WERE ASSIGNED TO THE SAME DEPARTMENT OF JUSTICE ATTORNEY, (2) INVOLVED THE SAME DEFENDANT (CHEVRON USA), (3) INVOLVED THE SAME STATUTE (SECTION 111 OF THE CLEAN AIR ACT), AND (4) INVOLVED FACILITIES LOCATED IN THE SAME STATE (HAWAII). A CONSOLIDATED COMPLAINT HAS NOW BEEN FILED. THE COMPLAINT ALLEGES CHEVRON USA VIOLATED SECTION 111 OF THE CLEAN AIR ACT BY FAILING TO COMPLY WITH THE NSPS APPLICABLE TO BULK GASOLINE TERMINALS AT THE HILO AND KAHULUI MARKETING TERMINALS AND THE NSPS APPLICABLE TO PETROLEUM REFINERIES AT THE KAPOLEI REFINERY. THESE STANDARDS ADDRESS EMISSIONS O