5 VIOLATIONS IN CHRONOLOGICAL ORDER, BY DATE OF VIOLATION: SURVEY VIOLATION, AND EPA INSPECTIONS. WAIVER WILL BE SOUG 1. FOR $400,000 VIOLATION FROM DOJ. DECEMBER, 1997 - LOS ANGELES REFINERY - SELF-REPORTED TOSCO' S LOS ANGELES REFINERY SELF-REPORTED 1 BATCH (3,518,088 GALLONS) O F RBOB BELOW THE PER-GALLON STANDARD OF 15.0% FOR TOXICS RED UCTION. TOSCO DISCOVERED THE ERROR DURING A ROUTINE CHECK ON 12/5/97 AND REPORTED IT BY TELEPHONE TO EPA ON 12/5/97 WITH A FOLLOW-UP LETTER DATED 12/12/97. THE ERROR OCCURRED BECA USE OF A MISCALCULATION OF OXYGEN CONTENT. HOWEVER, THE ANN UAL AVERAGE TOXICS REDUCTION WAS WELL WITHIN COMPLIANCE IF T OSCO USED AVERAGED STANDARDS INSTEAD OF THE PER GALLON STAND ARD. (TOSCO = 18.9 %, STANDARD = 16.5 %) THEREFORE, THIS SHO ULD MORE PROPERLY BE TREATED AS A REPORTING VIOLATION. PENAL TY: ONE LEVEL A VIOLATION: FAILURE TO REPORT - $10,000 MITI GATION: TOSCO HAS TAKEN MEASURES TO PREVENT RECURRENCE: (A)T HE AUTOMATED COMPLIANCE TRACKING PROGRAM NOW IDENTIFIES FEAS FEASIBLE RANGES FOR EACH PARAMETER; (B) TWO PEOPLE NOW PERFO RM THE TOXICS REDUCTION CALCULATION, AND (C) THE SHIFT SUPER VISOR MUST CROSS-CHECK THE CALCULATION BEFORE APPROVING A BL END. 2. EPA INSPECTION AT PHILADELPHIA TERMINAL: A 5/12/98 EPA I NSPECTION AT THE TOSCO'S PHILADELPHIA TERMINAL FACILITY, (LO CATED VOC REGION 2, A COVERED AREA UND