Mid-Atlantic Superfund

Contacts

Bulletin Board

Questions

The EPA is dedicated to providing you with timely and accurate information about our work at this site. If you have any questions or concerns, please contact:
Vance Evans
800-553-2509 or 215-814-5526

Site Status

• A consent decree was signed by the United States, Delaware, Motiva and Premcor Refining Group in September 2005.  Motiva paid a $12 million penalty, performed Supplemental Environmental Projects worth a total of $6.3 million, and paid $170,175 to reimburse the EPA for its cleanup costs.
  
  
• Another $7.5 million in injunctive relief was performed by Premcor Refining Group, which purchased the Delaware City Refinery in May 2004. Premcor merged into Valero on September 1, 2005. Total settlement value was $24.2 million.
  
  
• All the requirements of the consent decree are almost complete.  EPA awaits notices of completion from the companies.
  
  
• SEPS included:
  1. Hybrid Bus Project.   Motiva purchased three hybrid transit buses for the Delaware Transit Corporation (DTC).
     
     
  2. Conservation Easement. Premcor granted a conservation easement to the State of Delaware, through DNREC, which shall perpetually restrict the use of 285 upland acres which are currently leased for agricultural use within the facility property. The goal of these restrictions is to eliminate the current agricultural use and prevent further development of the conservation easement in perpetuity, and to enable the land to grow back to its natural state.
     
     
  3. Delaware River Shellfish Restoration Project. Motiva contracted with a competent third‑party scientific organization with experience in the creation of a shellfish habitat. The objectives of the project included the introduction into the Delaware River of certain shellfish species in an attempt to: (1) assess the efficacy of shellfish introduction methods and the contribution of shellfish beds to fish and crab nursery habitats; and (2) improve water quality as the shellfish remove microscopic particles by pumping large quantities of water over their gills.
     
     
  4. Delaware City Fire Company Emergency Equipment Acquisition Project. The Delaware City Fire Company, No. 1, Inc. (DCFC) is a volunteer fire department located in Delaware City, Delaware.  Motiva spent $165,000 on emergency equipment for the DCFC.
     
     
  5. Refinery Meteorologic Station Project.  Motiva constructed a meteorologic station at a location in the vicinity of the Delaware City Refinery.
     
     
  6. Delaware River Monitoring. Motiva installed and operated a water quality monitoring station off Pea Patch Island in the Delaware River near the Delaware City Refinery for a period of five years.

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Background

• EPA performed an oil inspection at Motiva's refinery located along the Delaware River in Delaware City, DE in May 2000. As a result of that inspection, EPA issued a unilateral order requiring three oil tanks to be taken out of service and 18 other oil tanks to be inspected.
  
  
• On the afternoon of July 17, 2001, a sulfuric acid tank caught fire and ruptured at the Motiva Enterprises, L.L.C. Delaware City Refinery. Adjacent sulfuric acid tanks were damaged, and approximately one million gallons of acid escaped the secondary containment through an open valve. Acid was released to the surrounding area, entered into the sewer system, and then passed through Motiva’s wastewater treatment system into the Delaware River.
  
  
• As a result of the fire and explosion, eight people were injured; one was reported missing and presumed dead in the area of the spill. Over 2,400 dead fish and more than 240 dead blue crabs were observed near the sulfuric acid discharge area into the Delaware River.
  
  
• After Motiva failed to participate in good faith efforts during settlement negotiations with the state after the July 2001 fire, a federal complaint was filed in July 2002, seeking penalties and injunctive relief under the Clean Water Act, EPCRA and CERCLA cost recovery. Delaware also brought a complaint under state environmental statutes. The complaints were merged into a joint prosecution.
  
  
• On May 2, 2003, another spill of 25,000 gallons of spent acid occurred at Motiva, prompting the EPA to issue another unilateral order requiring an investigative report and the removal or remediation of all contaminated soils from the spill.
  
  
• Motiva has fulfilled the requirements of the three unilateral orders from the EPA issued in June 2000, August 2001, and May 2003. The first order was to correct violations that were discovered during a May 2000 EPA inspection; the second was in response to a July 2001 one-million-gallon acid spill, explosion and fire; and the third was in response to a May 2003 25,000-gallon acid spill.
  
  
• Motiva pleaded guilty to Clean Water Act and Clean Air Act criminal charges and paid a $10 million fine for the explosion and subsequent loss and damage.  The company acknowledged that the tank involved in the incident was overdue for inspection
  
  Key Issues: Several Refinery Safety Measures will be implemented to prevent accidental releases at the refinery:
  
  
  1. Alkylation Unit: Premcor will not transfer spent sulfuric acid out of the Alkylation Unit if equipment that removes hydrocarbons from the spent acid is out of service, except under emergency conditions.
     
     
  2. Spent sulfuric acid: Premcor managed spent sulfuric acid as if regulated by the OSHA Process Safety Management (PSM) regulation, and in accordance with EPA’s accident prevention regulations.
     
     
  3. Process Hazard Analysis: Premcor conducted a PHA of the Alkylation Unit, of any tanks that Premcor is using to contain sulfuric acid, and all inert storage tanks and associated systems.
     
     
  4. Tank Inspections: Premcor conducted inspections, maintenance, and repair in accordance with API Standards 653 and 650 and with NACE Standard RP0294 of each carbon and low alloy steel tank that holds oil, acid, or any listed substance.
     
     
  5. Holes or Leaks in Tanks: If Premcor identifies a hole or leak in any storage tank at the Refinery holding oil, acid, or any listed substance, then Premcor’s response to the hole or leak shall be approved, in a signed and dated writing, by a senior manager.
     
     
  6. Unsafe Condition Reports: Premcor implemented a system (attached to the Consent Decree) to ensure that unsafe conditions are documented and addressed in a timely fashion.
     
     
  7. Hot Work Permits: Premcor instituted a system, (detailed in the Consent Decree), to ensure that hot work permits are not issued for work in areas where there is a potential for flammable or explosive gases to be present.

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