2012-03-07_PERMIT FILE - C2010088 (23)

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Mr. Paul Rosswork Mr. Chris Hawley July 28, 2005 Page 2 The following is- a summary of the known environmental conditions on the property that are in the public and the Division has determined have been adequately address. The Property-constitutes a portion of a larger parcel of land that was used to operate a petroleum refinery from 1957 to 1993 (with intermittent periods of inactivity). The entire refinery, including the Property, was purchased by the Gary Energy Corporation in 1973 and operated as Gary Refining and Western Slope Refining until 1990, when Western Slope Refining sold the parcel of land containing most of the refinery infrastructure ( "the Refinery Property") to Landmark Petroleum Co. The Refinery Property was later purchased, and currently still owned by, Fruita Marketing and Management Inc. (FMM) and operated under U.S. EPA ID No. COD983774654 (address 1493 Hwy 6 and 50 #2). Western Slope has continually maintained ownership of the Property which is currently assigned U.S. EPA I.D. No. COD067315390 with the address of "2 miles west of Fruita on Hwy 6/50 ". In September 1988 (while the entire refinery was still owned by Gary Refining Company), the Division entered into Compliance Order on Consent Number 88- 09 -29 -01 ("the Order on Consent ") with Gary Refining Company (later Western Slope Refining) to complete RCRA closure of several land -based hazardous waste units in accordance with the Colorado Hazardous Waste Regulations. The land based units subject to the Order on Consent are identified in the Permit Unit List of the U.S. EPA RCRA Info national database as the: Acid Sludge Ponds; API Separator Pond; Oxidation Ponds; Treatment Area; and Waste Pile #4. The only one of these units that is physically located on the Property is the Treatment Area. Attachment 1 to this correspondence is the Division's verification that the Treatment Area had been clean closed in accordance with the Colorado Hazardous Waste Regulations on August 25, 2003. Thus, the Order on Consent requirements for Treatment Area have been fulfilled and no further action is required. The remaining land based units subject to the requirements of the Order on Consent are physically located on the Refinery Property owned by FMM. Western Slope Refining is no longer responsible for closure of these units in accordance with the Colorado Hazardous Waste Regulations (See the correspondence included as Attachments 2 and 3 to this letter). These units remain under the U.S. EPA Identification Number of COD067315390 that was assigned to property identified with the address "2 miles west of Fruita on Hwy 6/50 under the name of Western Slope Refining due to the difficulty in transferring the records to the FMM EPA ID number. In addition, the Division felt that this would not be an issue since the Acid Sludge Impoundments were clean closed on April 19, 2005 and we anticipate that API Separator Pond, the Oxidation Ponds and Waste Pile #4 will all be clean closed by the end of calendar year 2006. The other hazardous waste units listed in RCRA Info for the Western Slope Refining site were identified in the original 1980 Part A application for the refinery, but were subsequently determined to have been "Protective Filings" and the units to have "Never been regulated as a Treatment Storage and/or Disposal Facility ". These units are identified in the Permit Unit List of RCRA Info as: Empty Containers; Miscellaneous Part A; and Tank Bottoms.