U.S. Settles with Marathon Petroleum Corporation to Cut Harmful Air Emissions at Facilities in Indiana, Kentucky and Ohio

WASHINGTON - The E.P.A. (EPA) and the U.S. Department of Justice (DOJ) announced a settlement with Marathon Petroleum Corporation today that resolves various alleged Clean Air Act violations at ten Marathon facilities and requires Marathon to take steps to reduce harmful air pollution emissions at facilities in 3 states. E.P.A. and DOJ allege that Marathon failed to comply with certain Clean Air Act fuel quality emissions requirements and recordkeeping, sampling and testing requirements. These violations may have resulted in excess emissions of air pollutants from motor vehicles, which can pose threats to public health and the environment. Marathon self-reported many of these issues to EPA.

Under a consent decree lodged in U.S. District Court for the Northern District of Ohio, Marathon will spend over $2.8 million on pollution controls to reduce emissions of volatile organic compounds on 14 fuel storage tanks at its distribution terminals in Indiana, Kentucky and Ohio.

Marathon will also pay a $2.9 million civil penalty and retire 5.5 billion sulfur credits, which have a current market value of $200,000. Sulfur credits are generated when a refiner produces gasoline that contains less sulfur than the federal sulfur standard. These credits can be sold to other refiners that may be unable to meet the standard.

"Fuel requirements established under the Clean Air Act play a major role in controlling harmful air pollution from vehicles and engines," said Cynthia Giles, assistant administrator for EPA's Office of Enforcement and Compliance Assurance. "If unchecked, these pollutants can seriously impair the air we breathe, especially during summer months when they can reach higher levels. This settlement incorporates innovative pollution control solutions to reduce air pollution in overburdened communities."

"The changes required by this settlement will positively impact air quality in communities across the Midwest," said Assistant Attorney General John C. Cruden for the Justice Department's Environment and Natural Resources Division. "All Americans deserve to enjoy the benefits of clean air, land, and water. These benefits spring from our nation's bedrock environmental laws and we will use them vigorously in the pursuit of environmental justice."

"This arrangement will help reduce air pollution emissions in Ohio and elsewhere," said U.S. Attorney for the Northern District of Ohio Steven M. Dettelbach. "We're pleased this settlement will protect the air we breathe while promoting the use of next-generation technology."

In their complaint, E.P.A. and DOJ allege that Marathon:

> Produced about 356 million gallons of reformulated gasoline at its Texas City, Texas refinery during 2007 that did not meet Clean Air Act requirements for reducing volatile organic compounds. Volatile organic compounds are one of the primary constituents of smog and react in sunlight to form ground-level ozone. Breathing ozone can trigger a variety of health problems including chest pain, coughing, throat irritation and congestion, and can worsen bronchitis, emphysema and asthma. Children, the elderly and people who have lung diseases such as asthma are particularly prone to these problems.

> Produced in excess of 40 million gallons of gasoline at the Texas City, Texas refinery in 2009 that exceeded requirements for sulfur levels. The goal of the Clean Air Act plan that regulates sulfur in gasoline is to minimize emissions from vehicles and to ensure emissions control systems function effectively.

> Sold about twelve million gallons of gasoline that contained elevated levels of ethanol. Excess ethanol in gasoline can harm emission control components on some vehicles and engines.

> Sold about one million gallons of gasoline at its Tampa, Fl. terminal in 2013 that exceeded requirements for volatility, known as the Reid Vapor Pressure, that help control ground level ozone during summer months. Gasoline with higher volatility results in increased emissions of volatile organic compounds, which contribute to the formation of ground level ozone.

> Failed to comply with numerous sampling, testing, recordkeeping, and reporting requirements for fuel production. E.P.A. discovered these violations during inspections of Marathon refineries and labs in 2008 and 2009. The sampling, testing, recordkeeping, and reporting requirements of the fuels plan provide the foundation for EPA's compliance program.

Marathon will also install geodesic domes, fixed roofs, or secondary rim seals and deck fittings on 14 fuel storage tanks at several of its fuel distribution terminals in order to reduce emissions of volatile organic compounds. Marathon is also required to use innovative pollutant detection technology during the implementation of the environmental mitigation projects. Marathon will use an infrared gas-imaging camera to inspect the fuel storage tanks in order to identify potential defects that may cause excessive emissions. If defects are found, Marathon will conduct up-close inspections and perform repairs where necessary.

EPA's Next Generation Compliance Strategy promotes advanced emissions and pollutant detection technology so that regulated entities, the government, and the public can more easily see pollutant discharges, environmental conditions, and noncompliance. Many of the facilities where the pollution controls will be installed are located in areas that may present environmental justice concerns.

More information about EPA's Next Generation Compliance Strategy is accessible at:
http://www2.epa.gov/compliance/next-generation-compliance.

The suggested consent decree is subject to a 30 day public review period and is accessible on EPA's website at http://www2.epa.gov/enforcement/marathon-petroleum-corporation-clean-air-settlement.

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