UNOCAL, EPA AT ODDS OVER CLEAN FUELS PERMIT

Another major California refiner has run afoul of the U.S. Environmental Protection Agency's permitting technicalities while trying to implement a clean fuels construction project.

Nov. 1, 1993

2 min read

Another major California refiner has run afoul of the U.S. Environmental Protection Agency's permitting technicalities while trying to implement a clean fuels construction project.

EPA last week issued a notice of violation to Unocal Corp. claiming the company's construction activities at its Wilmington and Carson refineries violate the federal Clean Air Act (CAA). EPA cited Unocal's failure to obtain a permit to construct from the South Coast Air Quality Management District (Scaqmd), southern California's air quality permitting body. The work involves revamping the plants to produce reformulated gasoline required under 1990 CAA amendments.

EPA took similar action in September against Chevron Corp., citing lack of a Scaqmd permit (OGJ, Oct. 11, p. 27). Chevron resumed work on its $700 million reformulated gasoline project after obtaining a court ruling blocking EPA's stop work order (OGJ, Oct. 18, Newsletter).

UNOCAL'S RESPONSE

Unocal called the EPA notice pertaining to site preparation work at its Carson and Wilmington plants "an abuse of the permit process."

"Congress has mandated reformulated fuels," said Unocal Pres. Roger Beach. "It is ironic that the EPA seems to want to stop us from complying with that mandate."

Beach said his company will continue preconstruction work at the plants despite the EPA notice, asserting the actions comply with all regulations.

"The notice by the regional EPA puts a cloud over our attempts to meet federal and state mandates for manufacturing reformulated gasoline," he said.

"EPA tried to run roughshod over Chevron in a similar manner earlier this month, and the agency has thus far been defeated in the courts. Now EPA is trying the same tactics with Unocal ... Unocal will prevail through the legal process."

Unocal said it is in compliance with Scaqmd rules specifying when a permit to construct is required. Site preparation work under way, mainly grading and pouring foundations, does not exceed Scaqmd's construction permit trigger, the company said, adding it has all appropriate local permits for work performed to date.

Unocal at midweek last week said it expects to receive a permit to construct from Scaqmd within a few days.

"There has been no environmental impact from the site preparation work undertaken so far," Beach said. "In fact, Scaqmd inspectors have been on the sites to check on preconstruction activities, and they found no activities that violate district ... regulations."