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National Enforcement Investigations Center
^ Case Results - Valero Benicia Refinery
+Jr Hazardous Waste and Toxic Chemicals Case
Multimedia Inspection Capabilities
NEIC's Support:
•	Forerisics-based field
investigations accredited
under ISO/IEC: 17025
•	EPCRA expertise
•	RCRA expertise
NEIC's Other Capabilities:
•	Laboratory analyses
accredited under ISO/IEC:
17025, General
Requirements for the
Competence of Testing and
Calibration Laboratories
•	Interpretation of analytical
results
•	Statistical services
•	Toxicological expertise
•	Analytical consultations
•	CAA, 112r, and CWA
expertise
® Training
Background: Vaiero Refining Company - California (a subsidiary of Valero Energy
Corporation) owns and operates a 165,000-barrel-per-day permitted capacity
refinery in Benicia, California. The primary products produced at this refinery are
gasoline, low sulfur diesel, jet fuel, liquified petroleum gas, fuel oil, isobutane, and
asphalt,
NEIC's support: In May
2014, NEIC conducted a
process-based
multimedia inspection
at Valero's Benicia
refinery. This
inspection assessed the
refinery's compliance
with the Resource
Conservation and
Recovery Act (RCRA)
and the Emergency
Planning and
Community Right-to-Know Act (EPCRA). This investigation was part of EPA's
continuing efforts to ensure communities located near complex industrial facilities
are informed of the toxic releases from those locations. Process-based inspections
allow for a thorough understanding of a facility's processes under all conditions, and
identify the waste streams, air emissions, and wastewaters that are generated
within each process.
NEIC investigators discovered that, during annual maintenance on a benzene recovery unit, refinery personnel
would bypass a waste stream to an unpermitted surface impoundment, a finding that may have not been discovered
without a process-based investigation. It was also determined that Valero had not alerted the public about all its
toxic chemical releases. Additional violations discovered during the inspection included Valero's failure to
determine if solid waste generated at the facility was hazardous, failure to maintain and operate the facility as
needed to minimize the possibility of any unplanned release, and failure to maintain complete and accurate records.
Enforcement results: EPA Region 9 developed an enforcement case against Valero based on NEIC's inspection
findings. The case was settled in October 2016 as Valero agreed to pay a $157,800 penalty and make modifications
to its piping operations by the end of 2017. Additionally, Valero agreed to correct and resubmit its toxic chemical
release reports. These actions are expected to prevent an estimated 5,000 pounds of benzene (a known human
carcinogen) from being released into the environment over the next 10 years.
How to obtain NEIC's support
NEIC provides environmental forensics support for criminal and civil enforcement cases. If you would like more
information on NEIC or to request laboratory analysis, toxicological support, an investigation, technical assistance, or
training from NEIC, please contact us at neic project requests@epa.gov. You may also contact your regional
enforcement coordinator for more information on requesting NEIC's support on civil projects and EPA's Criminal
Investigation Division (CID) for support on criminal projects.
NEIC | Denver Federal Center, Building 25 | Denver, Colorado | 303.462.9000

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