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U.S. EPA, TOSCO SETTLE RIGHT-TO-KNOW, AIR VIOLATIONS FOR $175,550

Release Date: 9/16/1996
Contact Information: Dave Schmidt, U.S. EPA, (415) 744-1578

    (San Francisco)--  The U.S. Environmental Protection Agency (U.S. EPA) today announced the settlement of complaints against the Tosco Refining Co.'s Avon Refinery in Martinez, Calif., for alleged violations of federal laws requiring immediate notification of emergency response agencies regarding toxic leaks, and public disclosure of the use of toxic chemicals, and the Clean Air Act.  Tosco has agreed to pay a total of $175,550 in penalties.

     The alleged violations were discovered during an inspection of the Tosco Refinery.  The inspection found that in 1991, 1992, and 1993, the facility failed to immediately report four releases of hazardous substances to appropriate emergency response authorities, as required by the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), and the Emergency Planning and Community Right-to-know Act (EPCRA).      

     Specifically, U.S. EPA alleged that Tosco failed to immediately report the following releases:  911 lbs. of hydrogen sulfide on April 29, 1991; 1,537 lbs. of sulfuric acid on May 27, 1991; 3,060 lbs. of sulfuric acid on May 21, 1992; and 375 lbs. of hydrogen sulfide on June 18, 1993.  
 
     U.S. EPA alleged that the refinery also violated the Emergency Planning and Community Right-to-know Act (EPCRA), by failing to submit required disclosure reports to U.S. EPA and the State of California regarding the use of toxic substances, namely molybdenum trioxide and copper compounds used in 1989, and for nickel compounds used in 1991.  
   
     The alleged Clean Air Act violations involved failure to perform required inspections, and file inspection reports with U.S. EPA, regarding new drain systems for the refinery's oily wastewater.  

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