Mid-Atlantic Superfund

EPA Region 3 (Mid-Atlantic)

Delaware
New Castle County
Delaware City

EPA ID# DCN000305677

1st Congressional District

Last Update: May 2004
No future updates

Other Names

Motiva

Current Site Status

Motiva is currently fulfilling three unilateral orders from the EPA issued in June 2000, August 2001, and May 2003. The first order was to correct violations that were discovered during an EPA inspection in May 2000; the second was in response to a July 2001 one-million-gallon acid spill, explosion and fire; and the third was in response to a 25,000-gallon acid spill.

The United States, Delaware and Motiva are currently negotiating the combined federal and state environmental prosecutions for these violations. Since significant progress has been made toward settlement, litigation has been suspended. A consent decree shed be filed by the Summer 2004. The settlement will consist of a cash penalty and supplemental environmental projects. Delaware will share in the settlement. The consent decree will require EPA to exercise heightened oversight of the Motiva facility for the next several years.

Premcor Refining and Marketing Inc. has bought the Motiva facility and will assume Motiva's obligations under the consent decree. These obligations are still being carried out for both the state of Delaware and EPA.

Site Description

EPA performed an oil inspection at Motiva's refinery located along the Delaware River in Delaware City, DE in May 2000. As a result of that inspection, EPA issued a unilateral order requiring three oil tanks to be taken out of service and 18 other oil tanks to be inspected.

On the afternoon of July 17, 2001, a sulfuric acid tank caught fire and ruptured at the Motiva Enterprises, L.L.C. Delaware City Refinery. Adjacent sulfuric acid tanks were damaged, and approximately one million gallons of acid escaped the secondary containment through an open valve. Acid was released to the surrounding area and entered into the sewer system, and then passed through Motiva’s wastewater treatment system and into the Delaware River.

As a result of the fire and explosion, eight people were injured and one was reported missing in the area of the spill and was presumed dead. Over 2,400 dead fish and more than 240 dead blue crabs were observed near the sulfuric acid discharge area into the Delaware River.

After Motiva failed to participate in good faith during settlement negotiations with the state after the July 2001 fire, a federal complaint was filed in July 2002, seeking pentalties and injunctive relief under the Clean Water Act, EPCRA and CERCLA cost recovery. Delaware also brought a complaint under state environmental statutes. The complaints were merged into a joint prosecution for which a settlement is now being negotiated.

Delaware brought a criminal action against Motiva for the July 2001 fire and explosion. Motiva pled no contest to a criminally negligent homicide. EPA's Criminal Investigation Division has an open investigation against Motiva.

On May 2, 2003, another spill of 25,000 gallons of spent acid occurred at Motiva, prompting the EPA to isse another unilateral order requiring an investigative report and the removal or remediation of all contaminated soils from the spill.

Site Responsibility

This site is being addressed by a potentially responsible party under an EPA Superfund Removal Order

NPL Listing History

This site is not on the National Priorities List

Threats and Contaminants

Sulfuric acid is the threat from this site. Sulfuric Acid is harmful to skin, eyes, teeth,and respiratory system. When the sulfuric acid was released, eight people were injured, one person was missing and presumed dead and over 2,400 dish and 240 blue crabs died.

Cleanup Progress

EPA and the State of Delaware have been working cooperatively to oversee Motiva’s emergency response to the July 2001 incident. On July 30, 2001, EPA Region III formally determined that the release of hazardous substances from the site presented imminent and substantial danger to public health and the environment. On Friday, August 24, 2001, the emergency phase of the cleanup came to a close once all the affected tanks were emptied.

1On August 1, 2001, EPA ordered Motiva to immediately:

1. provide EPA with an inventory of all tanks and their contents at the facility;
2. properly drain all the remaining sulfuric acid out of the remaining tanks at the acid tank farm, and arrange for proper treatment, storage and disposal of the sulfuric acid;
3. continue to monitor two of the Facility’s outfalls (discharge points) for pH in order to detect any possible continuing release of sulfuric acid, and
4. continue to provide appropriate site-specific health and safety measures.

In addition, the Order also required Motiva to implement several long-term measures, including:

1. develop and implement a tank inspection/repair/removal program;
2. study the extent of contamination from the release, and
3. remove or treat contaminated soils and other media.

To date, Movitva has completed the following work under EPA's order. All tanks not containing oil listed in Motiva Enterprises Response Action Plan have been inspected in accordance with the American Petroleum Institute Standard 653 or have been taken out of service. Most of the required repairs resulting from the inspections have been accomplished and any remaining repairs are scheduled for the near future. Further inspections are planned for the tanks for compliance with fire protection and other standards.

An extent of contamination study and cleanup work plan have been submitted by Motiva Enterprises and approved by EPA. Neutralization or removal of soils contaminated by the spill is to begin the first week of September.

Two fly ash settling ponds impacted by the spill have been neutralized. Approximately 45% of the 50 million gallons of acid contaminated water in both ponds has been drained with a scheduled completion date of October 1, 2002.

Contacts

Site Contacts