Phillips owns and operates a gasoline facility known as the East St. Louis Terminal which is located at 3300 Mississippi Avenue in Cahokia, Illinois.
Phillips' facility is a bulk gasoline terminal and is subject to the requirements of the National Emission Standards for Hazardous Air Pollutants (NESHAP) for Gasoline Distribution Facilities (40 C.F.R. Part 63, Subpart R). Phillips' facility receives gasoline by pipeline and has a gasoline throughput greater than 75,700 liters per day.
On September 12, 2002, U.S. EPA issued a Notice of Intent to File (NOIF) Civil Administrative Complaint letter to Phillips. The NOIF letter informed Phillips that U.S. EPA was planning on filing an administrative complaint for a civil penalty of $221,118 by September 30, 2002. Specifically, U.S. EPA alleged that Phillips violated Section 63.423 of the NESHAP for Gasoline Distribution Facilities by failing to equip gasoline storage Tank 2001 according to the requirements of 40 C.F.R. �� 60.112b(a)(1)(ii).
On September 26, 2002, an administrative penalty order (APO) was filed with the Regional Hearing Clerk. The APO proposed a civil penalty of $140,570 against Phillips for the following violation:
From December 15, 1997 to October 1, 2001, Phillips failed to equip gasoline storage Tank 2001 with a design capacity greater than or equal to 75 m3 according to the requirements of 40 C.F.R. 60.112b(a)(1)(ii), which constitutes a violation of 40 C.F.R. �� 63.423(a).
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