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Saturday, September 28, 2024

Justice Department announces settlement with Lima Refining Company for Clean Air Act violations

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Lisa Oudens Monaco, Deputy Attorney General | https://www.justice.gov/

The Justice Department and the Environmental Protection Agency (EPA) have announced a settlement with Lima Refining Company (LRC), a subsidiary of Cenovus Energy, to address Clean Air Act violations at its refinery in Lima, Ohio.

As part of the agreement, LRC will pay a $19 million civil penalty and invest approximately $150 million in control technology. This investment is expected to reduce benzene emissions by 4.34 tons per year, hazardous air pollutants (HAP) by 16.26 tons per year, and volatile organic compounds (VOC) by 219 tons per year. The Lima Refinery is located in an area with environmental justice concerns.

“This settlement is part of an ongoing initiative to curtail illegal benzene and VOC emissions at refineries that have failed to allocate the necessary personnel and capital investments to ensure compliance with rules they have long been subject to,” said Assistant Attorney General Todd Kim of the Justice Department’s Environment and Natural Resources Division. “Under the settlement, the refinery will implement controls that will greatly improve air quality and reduce health impacts on the overburdened community that surrounds the refinery.”

“Lima Refinery unlawfully exposed the surrounding community to toxic benzene emissions and other hazardous pollutants,” said Assistant Administrator David Uhlmann of the EPA’s Office of Enforcement and Compliance Assurance. “Today’s settlement demonstrates how monitoring can help protect overburdened communities from harmful emissions from the oil and gas sector, including refineries. Lima will pay a substantial penalty for its violations and install $150 million in emissions controls that will provide cleaner air and healthier water to a community that deserves nothing less.”

“Environmental justice is a core priority of our Office and of the Department. Through its illegal emissions of benzene, VOCs, and other pollutants from its facility, the LRC impermissibly violated the Clean Air Act and jeopardized the health of Ohio’s residents,” said U.S. Attorney Rebecca C. Lutzko for the Northern District of Ohio. “We will continue to be vigilant and strictly enforce environmental laws and regulations to protect our district’s residents from toxic pollutants. Ohioans should not have to worry about living and working in an area where air pollution from local industry could make them sick.”

The settlement requires LRC to install one or more flash columns to reduce benzene in wastewater streams leading to its wastewater treatment plant. Additionally, LRC must cease operating or upgrade certain units at the refinery, as well as install six air pollutant monitoring stations around the refinery perimeter with publicly available results.

The United States' complaint alleges that LRC violated federal regulations limiting benzene in refinery wastewater streams along with HAPs and VOC emissions at its Lima Refinery.

Benzene exposure can cause cancer in humans; short-term inhalation may lead to drowsiness, dizziness, headaches, eye irritation, skin irritation, respiratory tract irritation, unconsciousness at high levels, blood disorders such as anemia due to long-term exposure, reproductive effects in women exposed by inhalation at high levels, and adverse effects on fetuses based on animal tests.

VOCs contribute significantly to atmospheric reactions producing ozone—a primary component of smog—linked with various health issues like breathing difficulties aggravated asthma reduced lung capacity increased susceptibility towards respiratory illnesses such as pneumonia bronchitis

This settlement aligns with EPA's ongoing efforts alongside Justice Departments’ initiatives targeting historically marginalized communities disproportionately affected by pollution

For more information regarding this settlement visit www.epa.gov/enforcement/2024-lima-refining-clean-air-act-benzene-waste-neshap-and-volatile-organic-compounds

The proposed consent decree lodged within U.S District Court Northern District Ohio remains subject public comment period final court approval Details regarding submitting comments accessing agreement available www.justice.gov/enrd/consent-decrees

The EPA conducted investigation Attorneys Environment Natural Resources Divisions Environmental Enforcement Section handling case

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