ENV-09-40 Planning for Termination of Refinery Consent Decrees

Description:

This paper presents an initial discussion of the decision-making and resources needed to plan for and initiate the process of terminating Refinery CDs. As a starting point, each refiner needs to understand his CD termination provisions. While the termination provisions are generally similar across the various CDs, there are some differences. These differences may be important for resource planning. For example, all of the Decrees require one year’s compliance with emission limits established pursuant to the specific Decree. Facilities need to plan for how they will demonstrate such compliance. Permits including the CD-established limits must have been applied for and received. Refiners will also need to evaluate whether remaining under the CD provides the refinery with some protection it will not have after termination. For instance if the CD provides for an alternative means of compliance which has not or cannot “survive” the CD, there may a reason to delay termination. Finally, as an interim measure, many of the CDs allow a facility or refinery to “certify” that a particular portion of the CD has been implemented and are complete. Refiners will need to determine if such interim measures make sense for their operations.