Exxon Mobile and DOJ Stipulated Consent Decree extended (again)

Recently Announced: U.S. Government and State of Illinois Announce Agreement with ExxonMobil’s Joliet Refinery to Reduce Air Pollution

In much welcomed good news —especially if your concerned about air pollution, clean water and more broadly the environment, recent announcement is great news;

The Justice Department, U.S. Environmental Protection Agency (EPA) and the State of Illinois have announced an amendment to the 2005 Clean Air Act (CAA) consent decree signed with ExxonMobil Oil Corporation to resolve violations at its petroleum refinery in Joliet.

And while the monetary fines are paltry —in the much broader picture this is a laudable and most welcomed update.

If you had the misfortune of following me on Twitter then you know that I did my best to provide my readers/followers with relevant litigation, Final Rules, Executive Action and other agencies enforcement actions. For Example;

• December 10, 2019 -Trump’s border wall, commandeering of Defense Department appropriations for his stupid wall - archived (long) thread

• March 23, 2020 Trump’s EPA - “enforceable limitations on air emissions and water discharges, requirements for the management of hazardous waste, or requirements to ensure and provide safe drinking water” -archived Twitter Thread

• April 1, 2020 Trump Administration Final Rule, rolling back clean air (specifically clean card) “EPA needs to inform residents who live near facilities with significant ethylene oxide emissions about their elevated estimated cancer risks so they can manage their health risks”archived Twitter Thread

• May 27, 2020 - Trump Administration directly impacting NEPA and APA - archived Twitter Thread

• September 14, 2020 -letter to DOI Ag CEQ Opposing Public Lands NEPA- which directly impacted acceptable air quality - archived Twitter Thread

To say I tweeted and researched the environmental perils largely created by Trump Administration, might be an understatement. For the record if me caring about clean air, clean water, and basic environmental stewardship some how makes me a “Lib-tard” then I suppose I’m guilty as charged. As for the Climate Change deniers, attempting to have rationale and fact based discussion with them is like trying to reason with MAGA-QANON that the 2020 election wasn’t stolen, like arguing with the flat-earth conspiracy theorist. It is an exercise of intellectual futility. I have minimal patience for conspiracy theorist both on the left and right. Common sense would dictate that “we only have one earth” would cut through the nonsensical and non-scientifically bonkers conspiracy theories. Sadly there is no rationalization with people who traffic in conspiracy theories. Therefore any effort to do so, typically ends up with me saying out loud “how the hell do you function on a daily basis with all that conspiracy shit swimming around in that tiny head of yours” <—I may have said that a lot in the past four years.

Also to understand the totality of the;

Lodged Fourth Amendment to Consent Decree - one must start “at the beginning”

October 11, 2005 -Consent Decree & progenies;

Under 28 CFR 50.7 notice is hereby given that on October 11, 2005¹, a Consent Decree in United States et al. v. Exxon Mobil Corporation and ExxonMobil Oil Corporation, Civil Action No. O5–C–5809², was lodged with the United States District Court for the Northern District of Illinois.

In a complaint that was filed simultaneously with the Consent Decree, the United States, the State of Illinois, the State of Louisiana, and the State of Montana sought injunctive relief and penalties against Exxon Mobil Corporation and ExxonMobil Oil Corporation (‘‘ExxonMobil’’) pursuant to Sections 113(b) and 304(a) of the Clean Air Act, 42 U.S.C. 7413(b) and 7604(a), for alleged Clean Air Act violations and violations of the corollary provisions in state laws at ExxonMobil petroleum refineries in Baton Rouge..

1st Consent Decree: Chalmette Refining L.L.C.

This is a settlement with Chalmette Refining resolving Clean Air Act violations

Consent Decree: Chalmette Refining LLC (PDF)

Consent Decree: Exxon Mobil Corporation and Exxonmobil Oil Corporation - pay attention to the various Appendixes -especially F-H which stipulated dates/times, acceptable levels of very specific pollutants and remediation

• First Stipulation and Agreement making non-material modification to Consent Decree (06/01/06)

• Second Stipulation and Agreement making additional non-material modification to Consent Decree (11/13/07)

Before you think Exxon Mobil is the aggrieved party - I now refer you to the following December 17, 2008 documents. The Third Amendment stipulation was a direct cause-and-effect of Exxon Mobil repeatedly violating the previous Consent Decrees and stipulations, as the EPA stated:

Violations of the Consent Decree -December 2007

“The majority of the new penalties are for violations of requirements for fuel gases burned in refinery furnaces. Between 2005 and 2007, ExxonMobil failed to monitor the sulfur content of some fuel gas streams that were burned in certain furnaces at its Baytown, Texas refinery, as required by the Consent Decree and EPA's New Source Performance Standards for Petroleum Refineries. The burning of sulfur-containing gases emits sulfur dioxide, which can cause serious respiratory problems”

The new penalty agreement also imposes additional civil penalties for more limited Consent Decree violations at ExxonMobil's refineries in Beaumont, Texas, Torrance, California, and Baton Rouge, Louisiana. ExxonMobil has cured the problems that caused the Consent Decree violations, but the Consent Decree provides for collection of additional penalties for the time period that those violations persisted - for example:

• The penalties to be collected are as follows:

  • Baytown, TX - $5,930,000 for failure to monitor the sulfur content of gases burned in refinery furnaces.

  • Beaumont, TX - $122,500 for failure to monitor the sulfur content of gases burned in refinery furnaces.

  • Torrance, CA - $9,000 for violation of the carbon monoxide emission limit at the fluid catalytic racking unit.

  • Baton Rouge, LA - $3,000 for violation of he carbon monoxide emission limit at the fluid catalytic racking unit. Half of this penalty will be paid to the State of Louisiana.

  • TOTAL - $6,064,500

  

• Third Amendment making material modifications to Consent Decree

• Redline Version - Third Amendment making material modifications to Consent Decree

• Stipulation and Agreement regarding the assessment and payment of certain stipulated penalties

Moreover this Department of Justice link (I ran a general query will take you to the various litigation files) -U.S., ET AL. V. EXXON MOBIL CORPORATION, ET AL. - Lodged Fourth Amendment to Consent Decree;

• reduce air pollution through upgrades and improvements and address violations of the 2005 consent decree and the CAA. ExxonMobil will make physical and operational changes to its sulfur recovery plant that will reduce emissions of hydrogen sulfide and sulfur dioxide and will meet a lower sulfur dioxide emission limit at its north sulfur recovery unit.

• ExxonMobil will also make physical and operational changes to the emission controls for its fluidized catalytic cracking unit, also referred to as the FCCU, and it will meet lower emission limits for sulfur dioxide and nitrogen oxides at the FCCU.

To address leak detection and repair violations;

• ExxonMobil will update its program to include procedures for properly monitoring valves that are covered in insulation or that are located inside fireboxes.

• ExxonMobil will also use an optical gas imaging camera to monitor its open-ended lines for leaks. To address continuous emissions monitoring system violations

• ExxonMobil will develop a comprehensive plan to ensure implementation and compliance with regulatory requirements.

And lastly the 4th Amendment to the Consent Decree requires

• ExxonMobil will pay $1,515,463 in penalties, $1,086,640 to the federal government and $428,823 to the State of Illinois.

• The amendment also includes an estimated $10 million of improvements to reduce air emissions from the facility.

So I think you now have a better understanding of how we arrived to the 4th amendment stipulation to the Exxon Mobil consent decree…should you be inclined you can read the various EPA reports, case studies and enforcement actions concerning the previous Exxon Mobil Consent Decrees via this link

1. See October 11, 2005 Archived DOJ-OPA Press Release announcing the first consent decree, https://www.justice.gov/archive/opa/pr/2005/October/05_enrd_533.html

2. See Federal Register: Vol. 70, No. 201 - Wednesday, October 19, 2005 -Notices 60853