Ezel / Agency Decisions / caa-16-04c-commission

Houston Refining LP (Board decision, December 22, 2016)

In re Houston Refining LP (EAB CAA Appeal No. 16-04C): Consent Agreement ratified

Decision type
Board decision
Dockets
CAA 16-04C, CAA-HQ-2016-8260
Decided
December 22, 2016
Outcome
Settled
Precedential status
Citable Board precedent
Checked against source
2026-08-21
Official source
Read the official release (epa.gov)
PDF
View Official PDF

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Currency note: this decision dates from 2016
The EPA regulations may have been amended, penalty amounts have been adjusted, and later Board or court decisions may have changed the analysis since then. Treat this page as historical context, not current compliance advice. Verify the current standard before relying on any specific rule, threshold, or penalty mentioned here.
Final EAB decision
This Environmental Appeals Board Final Order is a final disposition of the matter. The Board incorporated and ratified the attached Consent Agreement under 40 C.F.R. § 22.18(b)-(c) and ordered Houston Refining LP to comply with all of its terms. The full text below is the official EPA release, transcribed from a scanned PDF with OCR proofreading.
About this page: The plain-English summary and decision snapshot below were written by Ezel based on the official EPA EAB release. The full text is the agency's own release.
Transcribed from a scanned original: EPA EAB released this decision as an image-only file. The full text below is a machine transcription, proofread against the scan. Check the official release before quoting exact language.
Read the official release (epa.gov)

Plain-English summary

Houston Refining LP resolved an EPA matter through a Consent Agreement. The Environmental Appeals Board incorporated that agreement by reference into its Final Order and ratified it under 40 C.F.R. § 22.18(b)-(c). The Board ordered Houston Refining LP to comply with all terms of the Consent Agreement effective immediately. The Final Order does not state the alleged violation or any penalty amount.

Decision snapshot

  • Cited authorities: 40 C.F.R. § 22.18(b)-(c)
  • Outcome: The Consent Agreement was incorporated by reference and ratified, and Houston Refining LP was ordered to comply with its terms.
  • Key point: The Final Order made the Consent Agreement binding on the respondent effective immediately.

Full text (EPA EAB public release)

BEFORE THE ENVIRONMENTAL APPEALS BOARD
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
WASHINGTON, D.C.

F I L E D
DEC 22 2016
CLERK, ENVIRONMENTAL APPEALS BOARD
INITIALS [illegible]

In re:

Houston Refining LP,

Respondent

Docket No. CAA-HQ-2016-8260

FINAL ORDER

Pursuant to 40 C.F.R. § 22.18(b)-(c) of EPA’s Consolidated Rules of Practice, the attached Consent Agreement resolving this matter is incorporated by reference into this Final Order and is hereby ratified.

The Respondent is ORDERED to comply with all terms of the Consent Agreement, effective immediately.

So ordered.¹

Date: 12/22/16

Kathie A. Stein
Judge, Environmental Appeals Board

¹ The three-member panel ratifying this matter is composed of Environmental Appeals Judges Mary Kay Lynch, Kathie A. Stein, and Mary Beth Ward.

CERTIFICATE OF SERVICE

I certify that the foregoing “Consent Agreement” and “Final Order,” in the Matter of Houston Refining LP, Docket No. CAA-HQ-2016-8260, were filed and copies of the same were mailed to the parties as indicated below:

Via Interoffice Mail:

Melissa Schefski

U.S. Environmental Protection Agency
OECA/AED/Western Field Office (8MSU)
1595 Wynkoop Street

Denver, CO 80202-1129

Via U.S. Certified Mail:

Steven Cook

Lyondell Chemical Company
LyondellBasell Tower, Suite 300
1221 McKinney Street

Houston, Texas 77010

Dated: DEC 22 2016

Annette Duncan, Secretary
U.S. Environmental Protection Agency
Environmental Appeals Board

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