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EPA HITS MOBIL WITH FINE OF ALMOST $1 MILLION

Nov. 23, 1992

Mobil Oil Corp. has agreed to pay a civil penalty of $950,000 to settle a federal lawsuit stemming from allegations that its polystytrene foam manufacturing plant in Bakersfield, Calif., exceeded limits on emissions of volatile organic compounds (VOCs) for at least 2 years. The U.S. Environmental Protection Agency said it is the largest penalty levied by the agency for Clean Air Act violations in California. EPA said Mobil used the VOC isopentane as a blowing agent at its Bakersfield plant to

The U.S. Environmental Protection Agency said it is the largest penalty levied by the agency for Clean Air Act violations in California.

EPA ALLEGATIONS

EPA said Mobil used the VOC isopentane as a blowing agent at its Bakersfield plant to make polystyrene foam products.

California's clean air plan required Mobil to control 95% of VOC emissions from controllable sources at its plant by Jan. 1, 1983. The plan was approved by EPA and became federally enforceable in November 1983.

EPA inspected the Bakersfield plant in July 1985 and issued Mobil a notice of vibration that October.

EPA said Mobil complied with the emission requirements in December 1985 and has been in compliance since. In April 1987 EPA charged in a civil suit that VOC emissions at Mobil's plant in 1983 85 exceeded limits set forth in the clean air plan.

"This case sends a strong message that EPA will not allow violations of the Clean Air Act to go unpunished," said David Howekamp, director of the air and toxics division in EPA's western regional office.

MOBIL'S STANCE

Mobil said it did not commit an environmental violation.

Mobil said the emissions rule was developed through a joint effort with California's Kern County Air Pollution Control District.

"We did not exceed the rule's emission limits, but for 7 years we've been trying to prove it, with no end in sight. It's just too expensive. Mobil simply had to make a business decision to cut its losses," the company said.

Mobil said the case arose out of Mobil Chemical Co.'s attempts to develop innovative air pollution control technology, which the Kern County Air Pollution Control District encouraged. But several years after Mobil's efforts began, EPA, based on an action interpretation of the local rule that it later admitted was erroneous, filed the action, the company said.