Lima, Ohio – The U.S. Department of Justice and the Environmental Protection Agency (EPA) have announced a major settlement with the Lima Refining Company (LRC), a subsidiary of Cenovus Energy, based in Canada. This agreement addresses violations of the Clean Air Act at LRC’s refinery in Lima, Ohio, which is located near a community that has long faced environmental justice issues.
Under the terms of the settlement, LRC is required to pay a civil penalty of $19 million and invest approximately $150 million in capital improvements, including the installation of advanced control technology. These enhancements are expected to reduce emissions of benzene by about 4.34 tons annually, cut hazardous air pollutants (HAP) by 16.26 tons per year, and lower emissions of volatile organic compounds (VOCs) by 219 tons each year.
“This settlement is part of an ongoing initiative to curtail illegal benzene and VOC emissions at refineries that have failed to allocate the necessary personnel and capital investments to ensure compliance with rules they have long been subject to,” said Assistant Attorney General Todd Kim of the Justice Department’s Environment and Natural Resources Division. “Under the settlement, the refinery will implement controls that will greatly improve air quality and reduce health impacts on the overburdened community that surrounds the refinery.”
Reducing Pollution and Protecting Community Health
Lima Refinery had unlawfully exposed its surrounding community to toxic emissions, particularly benzene, a known carcinogen. Assistant Administrator David Uhlmann of the EPA’s Office of Enforcement and Compliance Assurance emphasized that the settlement underscores how effective fence-line monitoring can be in protecting communities overburdened by harmful emissions from the oil and gas sector. As part of the settlement, LRC will take substantial steps to upgrade its operations and reduce environmental risks.
“Environmental justice is a core priority of our Office and of the Department,” said U.S. Attorney Rebecca C. Lutzko for the Northern District of Ohio. “Through its illegal emissions of benzene, VOCs, and other pollutants from its facility, the LRC impermissibly violated the Clean Air Act and jeopardized the health of Ohio’s residents.” Lutzko affirmed that the enforcement of environmental laws and regulations will continue to protect residents from toxic pollutants.
Improvements to Address Violations
The settlement mandates that LRC install one or more flash columns to minimize benzene in wastewater streams before they reach the treatment plant. LRC will also either cease operations, replace, or upgrade additional units at the refinery to prevent future violations. Additionally, six air pollutant monitoring stations will be placed around the perimeter of the refinery, and the results will be made publicly accessible to ensure transparency.
The United States’ complaint against LRC alleges violations of federal regulations concerning benzene levels in wastewater streams, emissions of hazardous air pollutants, VOCs, and the failure to maintain adequate air pollution control practices.
Health Impacts of Benzene and VOCs
Benzene is a highly toxic substance associated with serious health risks, including cancer. Short-term inhalation of benzene can cause symptoms like dizziness, headaches, and respiratory tract irritation, while long-term exposure can lead to blood disorders, anemia, and reproductive issues. VOCs, which contribute to ozone formation and smog, are linked to respiratory problems such as aggravated asthma, reduced lung capacity, and increased vulnerability to illnesses like pneumonia and bronchitis.
National Efforts for Environmental Justice
The settlement is part of a broader EPA and Justice Department effort to support communities that have been disproportionately affected by environmental pollution. The consent decree aims to ensure that marginalized communities receive the same protections and environmental standards as others.
For more details on the settlement, visit the EPA’s enforcement page at www.epa.gov/enforcement/2024-lima-refining-clean-air-act-benzene-waste-neshap-and-volatile-organic-compounds.
The proposed consent decree, lodged in the U.S. District Court for the Northern District of Ohio, is subject to a public comment period and requires final court approval. Information on submitting comments and accessing the settlement agreement is available at www.justice.gov/enrd/consent-decrees.
The case investigation was conducted by the EPA, with legal proceedings handled by attorneys from the Environment and Natural Resources Division’s Environmental Enforcement Section.
