STATE OF CALIFORNIA ENVIRONMENTAL PROTECTION AGENCY DEPARTMENT OF TOXIC SUBSTANCES CONTROL In the Matter of: Docket No. HWCA 2018?7414 Torrance Re?ning Company LLC 3700 West 190th Street Torrance, California 90504 EPA ID No. CADOO8354052 STIPULATION AND ORDER Respondent: Torrance Re?ning Company LLC Health and Safety Code Section 25187 The State Department of Toxic Substances Control (Department) and Torrance Re?ning Company LLC (Respondent) enter into this Stipulation and Order and agree as follows: 1. Respondent operates a petroleum re?nery located at 3700 West 190th Street, Torrance, California 90504 (Facility). Respondent generates and manages oil-bearing materials (OBM) and hazardous wastes from a number of different sources within the Facility. Such OBM, if speculatively accumulated, are RCRA listed hazardous wastes. The Department alleges that Respondent did not have the necessary equipment to recycle or process these OBM, and stored and speculatively accumulated hazardous wastes without a permit or other grant of authorization from the Department. 2. A dispute exists regarding the Order to Correct Violations (Enforcement Order) issued to Respondent by the Department on March 2, 2018. A copy of the Enforcement Order is attached as Exhibit A. 3. The parties wish to ensure prompt action to achieve the Schedule for Compliance stated below; maximize the proper management of hazardous waste at the Facility; and minimize any impacts on public health or the environment. 4. Jurisdiction exists pursuant to Health and Safety Code section 25187. 5. Respondent waives any right to a hearing in this matter. 6. This Stipulation and Order shall constitute full settlement of all violations alleged in the Enforcement Order. By entering into this Stipulation and Order, Respondent does not admit any fact, liability, or violation of law, and disputes the matters alleged in the Enforcement Order. SCHEDULE FOR COMPLIANCE 8. Respondent shall comply with the following: 8.1. By June 15, 2018, Respondent shall submit to the Department for review and approval, a Work Plan describing how Respondent will recycle, process, or dispose of the contents of the approximately 364 roll-off bins which were in Respondent?s inventory at the Facility as of December 31, 2017. At a minimum, the Work Plan shall include the following: a. A description of the method(s) Respondent will use to recycle, process, and/or dispose of the contents of roll-off bins stored at the Facility as of December 31, 2017. b. An inventory list, in the format of an Excel spreadsheet, of each of the approximately 364 roll-off bins, including unique identi?cation numbers for each bin. 0. An implementation schedule which, at a minimum, includes the 2 following: The Attritor shall continue to be tested and optimized at the Facility up to and including June 30, 2018. (ii) Contents of at least 179 of the roll-off bins identi?ed in section 8.1 above shall be recycled or disposed of by July 31. 2018. Contents of at least 92 of the roll-off bins identified in section 8.1 above shall be recycled or disposed of by October 31, 2018. (iv) Contents of all of the remaining roll-off bins identi?ed in section 8.1 above shall be recycled or disposed of by December 31, 2018. d. A report to the Department on the status of the Work Plan implementation. Each report shall be due on the 5th business day of the following month, and shall include, at a minimum, the number of roll?off bins that have been recycled or disposed of during the month, each bin's unique identification number, and copies of manifests for any OBM disposed of offsite as hazardous waste. The ?rst report is due on the 5th business day of the first full month after the effective date of this Order. e. The final report, due to the Department no later than January 31, 2019, shall include a certification prepared pursuant to section 66270.11(d) of Title 22 of the California Code of Regulations stating that Respondent has completed all work required in the Work Plan. 8.2. All submittals from Respondent pursuant to this Stipulation and Order shall be sent to the following individuals: Roberto Kou, Branch Chief Enforcement and Emergency Response Division, Chatsworth Branch Department of Toxic Substances Control 3 9211 Oakdale Avenue Chatsworth, California 91311 Andrea Kopecky Senior Counsel Of?ce of Legal Counsel Department of Toxic Substances Control PO. Box 806 Sacramento, CA 95812?0806 8.3. Communications: All approvals and decisions of the Department made regarding such submittals and noti?cations shall be communicated to Respondent in writing by Roberto Kou, Branch Chief, Enforcement and Emergency Response Division, Department of Toxic Substances Control, or his designee. No informal advice, guidance, suggestions, or comments by the Department regarding reports, plans, speci?cations, schedules, or any other writings by Respondent shall be construed to relieve Respondent of its obligation to obtain such formal approvals as may be required. 8.4. Department Review and Approval: if the Department determines that any report, plan, schedule, or other document submitted for approval pursuant to this Stipulation and Order fails to comply with the Stipulation and Order or fails to protect public health or safety or the environment, the Department may: a. Modify the document as deemed necessary and approve the document as modi?ed; or b. Return the document to Respondent with recommended changes and a date by which Respondent must submit to the Department a revised document incorporating the recommended changes. 8.5. Compliance with Applicable Laws: Respondent shall carry out this Stipulation and Order in compliance with all local, State, and federal requirements, 4 including but not limited to requirements to obtain permits and to assure worker safety. 8.6. Endangerment during Implementation: In the event that the Department determines that any circumstances or activity (whether or not pursued in compliance with this Order) are creating an imminent or substantial endangerment to the health or welfare of people at the Facility or in the surrounding area or to the environment, the Department may order Respondent to stop further implementation for such period of time as needed to abate the endangerment. Any deadline in this Stipulation and Order directly affected by a Stop Work Order under this section shall be extended for the term of such Stop Work Order. 8.7. LEM: Nothing in this Stipulation and Order shall constitute or be construed as a satisfaction or release from liability for any conditions or claims arising as a result of past, current, or future operations of Respondent, except as provided in this Stipulation and Order. Notwithstanding compliance with the terms of this Stipulation and Order, Respondent may be required to take further actions as are necessary to protect public health or welfare or the environment. 8.8. Faciliy Access: Access to the Facility shall be provided at all reasonable times toemployees, contractors, and consultants of the Department, and any agency having jurisdiction. Nothing in this Stipulation and Order is intended to limit in any way the right of entry or inspection that any agency may otherwise have by operation of any law. The Department and its authorized representatives may enter and move freely about all property at the Facility at all reasonable times for purposes including but not limited to: inspecting records, 5 operating logs, and contracts relating to the Facility; reviewing the progress of Respondent in carrying out the terms of this Stipulation and Order; and conducting such tests as the Department may deem necessary. Respondent shall permit such persons to inspect and cow all records, documents, and other writings, including all sampling and monitoring data, in any way pertaining to work undertaken pursuant to this Stipulation and Order. 8.9. Sampling, Data, and Document Availability: Respondent shall permit the Department and its authorized representatives to inspect and copy all sampling, testing, monitoring, and other data generated by Respondent or on Respondent's behalf in any way pertaining to work undertaken pursuant to this Stipulation and Order. Respondent shall allow the Department and its authorized representatives to take duplicates of any samples collected by Respondent pursuant to this Stipulation and Order. Respondent shall maintain a central depository of the data, reports, and other documents prepared pursuant to this Stipulation and Order. All such data, reports, and other documents shall be preserved by Respondent for a minimum of six years after the conclusion of all activities under this Stipulation and Order. If the Department requests that some or all of these documents be preserved for a longer period of time, Respondent shall either comply with that request, deliver the documents to the Department, or permit the Department to copy the documents prior to destruction. Respondent shall notify the Department in writing at least six months prior to destroying any documents prepared pursuant to this Stipulation and Order. 8.10. Government Liabilities: The State of California shall not be liable for injuries or damages to persons or property resulting from acts or omissions by 6 Respondent or related parties in carrying out activities pursuant to this Stipulation and Order, nor shall the State of California be held as a party to any contract entered into by Respondent or its agents in carrying out activities pursuant to this Stipulation and Order. 8.11. Incorporation of Plans and Reports: All plans, schedules, and reports that require Department approval and are submitted by Respondent pursuant to this Stipulation and Order are incorporated in this Stipulation and Order upon approval by the Department. PENALTY 9. Within 30 days of the Effective Date of this Stipulation and Order, Respondent shall pay the Department a total of $150,000 as a penalty. Respondent's check shall be made payable to the Department of Toxic Substances Control, and shall identify the name of Respondent and the Docket Number, as shown in the heading of this case. Respondent shall deliver the penalty payment, together with the attached Payment Voucher, to: Department of Toxic Substances Control Accounting Of?ce 1001 Street P. O. Box 806 Sacramento, California 95812?0806 A photocopy of the check shall be sent to the individuals identified in section 8.2 above, STIPULATED PENALTY 10. If Respondent fails to meet the deadlines for recyciing or disposing of contents of roll-off bins as required in section 8.1(c) above, Respondent shall pay a stipulated penalty as follows: a. As of August 1, 2018: The penalty calculation will be the number of roll-off bins that are not recycled or disposed of as required in section multiplied by $6,000. Respondent shall pay the stipulated penalty amount due to the Department within 30 days after the Department calculates the stipulated penalty amount. b. As of November 1, 2018: The penalty calculation will be the number of roll-off bins that are not recycled or disposed of as required in section multiplied by $6,000. Respondent shall pay the stipulated penalty amount due to the Department within 30 days after the Department calculates the stipulated penalty amount. c. As of January 1, 2019: The penalty calculation will be the number of roll-off bins that are not recycled or disposed of as required in section multiplied by $6,000. Respondent shall pay the stipulated penalty amount due to the Department within 30 days after the Department calculates the stipulated penalty amount. 10.1 Respondent's checks shall be made payable to Department of Toxic Substances Control, and shall identify the name of Respondent and the Docket Number, as shown in the heading of this case. Respondent shall deliver the penalty payment, together with the attached Payment Voucher, to: Department of Toxic Substances Control Accounting Office 1001 Street P. O. Box 806 Sacramento, California 95812-0806 A photocopy of the check shall be sent to the individuals identified in section 8.2 above. lf Respondent fails to make payments as provided above, Respondent agrees to pay interest at the rate established pursuant to Health and Safety Code section 25360.1 and to pay all costs incurred by the Department in pursuing collection including attorney's fees. 10.2 In lieu of paying a stipulated penalty, Respondent may pay up to 50% of the stipulated penalty by funding a Supplemental Environmental Project (SEP) pre-approved by the Department. OTHER 11.1. Additional Enforcement Actions: Except as otherwise provided in section 6 above, the Department, by signing this Stipulation and Order, does not waive the right to take further enforcement actions and impose penalties for violations as stated in the RCRA Compliance Evaluation Inspection Report issued by the United States Environmental Protection Agency on March 24, 2017. By signing this Stipulation and Order, the Department does not waive the right to take further enforcement actions and impose penalties for any other violations of applicable federal and state statutes and implementing regulations. 11.2. Penalties for Noncompliance: Failure to comply with the terms of this Stipulation and Order may subject Respondent to civil penalties and/or punitive damages for any costs incurred by the Department or other government agencies as a result of such failure, as provided by Health and Safety Code section 25188 and other applicable provisions of law. 11.3 Parties Bound: This Stipulation and Order shall apply to and be binding upon Respondent and its of?cers, directors, agents, receivers, trustees, employees, contractors, consultants, successors, and assignees, including but not 9 limited to individuals, partners, and subsidiary and parent corporations, and upon the Department and any successor agency that may have responsibility for and jurisdiction over the subject matter of this Stipulation and Order. 11.4. Effective Date: The effective date of this Stipulation and Order is the date it is signed by the Department. 11.5. Integration: This agreement constitutes the entire agreement between the parties and may not be amended. supplemented. or modi?ed, except as provided in this agreement. 11.6. Compliance with Waste Discharge Recmirements: Respondent shall comply with all applicable waste discharge requirements issued by the State Water Resources Control Board or a California regional water quality control board. Dated 9 i gill/? Respondent ELLA DWI 5 Paul Davis, President, PBF Energy Western Region LLC Torrance Refining Company LLC coin/ms [42/ 'l Enforcement and Emergency Response Division Department of Toxic Substances Control 10