The United States Environmental Protection Agency (EPA) and Phillips 66 Company have entered into a Consent Agreement and Final Order (CAFO) on September 15th, due to alleged violations of the Resource Conservation and Recovery Act (RCRA) Hazardous Waste Regulations, in an event taking place at the Borger, Texas, refinery. The enforcement action originates from a review of documents and a facility inspection carried out by the EPA and points towards several compliance issues in the refinery’s hazardous waste management practices.
Phillips 66, a leading player in the energy sector, operates a refinery in Borger, Texas, which processes crude oil and natural gas, as well as produces a wide range of fuel products. The Consent Agreement followed alleged violations of the Resource Conservation and Recovery Act (RCRA), a federal law granting EPA the authority to regulate hazardous waste from “cradle to grave”. This includes generation, transportation, treatment, storage, and disposal.
The EPA enforcement action is significant because responsibility for proper hazardous waste management majorly rests on the generators of such waste. By this mandate, the Phillips 66 refinery, as a generator of hazardous waste, is required to manage this waste in compliance with the RCRA regulations. The Consent Agreement, as the name suggests, is a compromise agreement between the EPA and Phillips 66 to rectify the alleged violations and to maintain future compliance with the hazardous waste regulations.
Firms dealing in the energy sector can expect increased scrutiny of their waste management processes in the future, with further steps towards environmental conservation and heightened public awareness about environmental issues. It is thus paramount for companies to ensure their waste management systems are up-to-date and in compliance with relevant regulations.
Legal and environmental professionals can further delve into the specifics of the Consent Agreement and the EPA enforcement action by reading the details here.