Free Motion for Summary Judgment - District Court of Federal Claims - federal

Case 1:06-cv-00141-LAS

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Date:
v

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Robert J. Trunek Vice President, Environment Health & Safety

RICHFIELD

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Agent Authorized to Accept Service on Behalf of Atlantic ~ichfieldCompany: R. Walter Simmons Manager of Operations Corporate Environmental Remediation Atlantic Richfield Company
-41125

515 South Flower Street Los 'Angeles, California

90071

FOR DEFENDANT TEXACO, INC.
Date:

J. Donald Annett President, Environment Health Safety Division

&

Agent Authorized to Accept Service on behalf of Texaco, Inc. : Lowell N. Elsen Legal Department Texaco, Inc. 10 Universal City Plaza Suite 1300 Universal City, California
.

.

91608

Pl. Damages SJ App. 29

Case 1:06-cv-00141-LAS

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FOR DEFENDANT ATLANTIC RICHFIELD
.
Date :
COMPANY

Robert J. Trunek Vice President, Environment Health & Safety

Agent Authorized to Accept Service on Behalf of Atlantic 'Richfield Company:

R. Walter Simmons Manager of Operations Corporate Environmental Remediation Atlantic Richfield Company
AP41125 515 South Flower Street

Los Angeles, California 90071

Date:

.

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FOR DEFENDANT TEXACO, INC.

Donald Annett sident, EnvironLnt Health Safety Division

&

,

Agent Authorized to Accept Service on behalf of Texaco, Inc . :
Lowell N. Elsen Legal Department Texaco, Inc. 10 Universal City Plaza Suite 1300 Universal City, California

91608

Pl. Damages SJ App. 30

Case 1:06-cv-00141-LAS

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CERTIFICATE OF SERVICE BY MAIL

I, MA~ILEN ILISCUPIDES, declare :
That I am a citizen of the United States and a resident or employed in Los Angeles County, California; that my business address is Office of the United States Attorney, Room 7516, Federal Building, 300 North L ; kgeles Street, Los Angeles,. O' california 90012; that I am over the age of eighteen years, and
am not a party to' the above-entitled action.

That I am employed by the United States Attorney for the Central District of California who is a member of the Bar of the United States District Court for the Central District of california, at whose direction the service by mail described in
this Certificate was made; that on November 18. 1994, I

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deposited in the United States mails in the Federal Building at 300 North Los Angeles Street, Los Angeles, California, in the above-entitled action, in an envelope bearing the requisite postage, a copy of: PARTIAL CONSENT DECREE AMONG PLAINTIFFS 'AND

I

'OIL COMPANY DEFENDANTS REGARDING CERTAIN COST CLAIMS
addressed to:

SEE ATTACHED SERVICE LIST

at their last known addresses, at which place there is a

delivery service by United States mail.
This Certificate is executed on November 18, 1994, at Los Angeles, California.

I

I declare under penalty of perjury that the foregoing is true and correct.

MARILEN ILISCUPIDES

Pl. Damages SJ App. 31

Case 1:06-cv-00141-LAS

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SERVICE LIST

Peter R. Taft Munger, Tolles & Olson 355 S. Grand Avenue 35th Floor Los Angeles, CA 90071-1560 . Cynthia L Burch Allen, Matkins, .Leck, Gamble 515 South Figueroa Street Eighth Floor Los Angeles, CA 90071-3398
C

Mallory

Jeffrey Wolin Demetriou, Del Guercio, Springer Chase Plaza, 10th Floor 801 South Grand Avenue 90017 Los Angeles, CA

&

Moyer

Pl. Damages SJ App. 32

Case 1:06-cv-00141-LAS

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2

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LOIS J , SCIIIFPSR Assistant Attorney General Environment & Natural Resources Division JOSHUA M. LEVIN
M1CWE.L ZEVENBERGEN H . MICIJXL SEMLER

.

Environment & Natural Resources Division Environmental. Defense Section United States Department of Justice P.O. Box 23986 Washington, D.c. , 2 0 0 2 6 - 3 9 8 6 Telephone : 202-514-4198 NORA M. MANELLA United States Accorney
LEON W . WEi3MAK Assiscant United States Attorney Chief, Civil Division

KURT ZiMMERIGiN Assistant United States Attorney Room 7516 Federal Building 300 North Los Angeles S t r e e c Los Angeles, CA 90012 Telephone: 213-894-0474

RONALD L. OLSON PETER R . TAFT CARY 9. LERMAN CYNTEIX L . BURCS MUNGER, TOLLES & OLSON 355 South Grand Avenue Los Angeles, California 90071-1560
(213) 563-9103

1

, al.,

UNITED STATES OF AMERi ZA, ef

CASE SO. C i v . $1 RJK (Ex)

0589

STIPULATED FACTS OF T E E PARTIES RELATING TO PENDING MOTIONS FOR SUMWLRY JUDGMENT AND RELATED

MOTf ONS

SXEL; 3IL COMPANY, ec ai.,
Defendants,
*

AND 45LATED ACYz3NS.

Date: [NO'X e a r = r , ~ j Time: [Nonej C t r n : Soncrabie R~ber: . ; Kelleher

PAGE 36 ..

Pl. Damages SJ App. 33

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321. Because of other uses of acid in the refinery and less

efficient use of acid in alkylation at the start of the war, the actual growth of acid use was not as dramatic as the increase in aviation gasoline production. According to the Shell operating reports for its Los Angeles refineries, annual acid use went from

,
1

24 million pounds in 1941 to 120 million pounds at the peak in

1944, a five fold increase. [co1051
322. Sulfuric acid is used by refineries primarily as a catalyst

i

or for treatment of product. Generally, sulfuric acid is not incorporated into products leaving the refinery. For example, during the war years at Shell's Los Angeles refinery, roughly 10% i of acid was consumed within the refinery. Thus, virtually all the acid coming into the refinery must leave the refinery after use. [co1061
323. The Oil Companiesf Southern California refineries generated
!

two general types of sulfuric acid by-products durins the war: "spent alkylation acidn and "acid sludge." Spent alkylation acid was 87% to 90% sulfuric acid by weight and could be reused and recycled within the refineries up to the limit of other processes that could use spent alkylation acid. [us2991
324. Acid sludge was different.

It contained only

45%

to 65%

unreacted and reacted sulfuric acid by weight, and generally could not be put to further use within the refineries. [us3001
325. In 1941, 85% of the fresh sulfuric acid going into the Shell

Los Angeles refineries was used for alkylation, a figure that reached 91% in 1944. Depending on the year, some or all of the spent alkylation acid was reused within the refinery to treat

Pl. Damages SJ App. 34

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other products, including motor gasoline, kerosene, lubricating oil, and aviation gasoline components. [co107]

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326. Just before Pearl Harbor, the OPC initiated a sulfuric acid

survey for "the determination of prospective requirements of refineries for sulphuric acid in view of the large required expansion of alkylation precesses." One of the six questions was:
"5.

5

6

7 8
9

Procedure for disposing of acid sludge if no acid recovery

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system in operation: " [co1081 327. R compilation of District Five results dated early January 1942, shows that eight refineries dumped acid sludge (including Richfield and Shell); three hauled it away, destination unknown;

10

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12))Texas Co burned it ; and Union replied, "Given away.
13
14
1511

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[co109 1

328. On August 8, 1942, an OPC national acid 'survey showed that every District in the nation dumped waste sulfuric acid and that 12 refineries ie.District 5 dumped waste acid including Richfield, Texaco, and Shell. IcollOl
329. Fresh sulfuric acid was in short supply in California from

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18 19

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the end of 1943 through the end of the war.

Refinery spent

2 1 industrial processes, spent alkylation acid could substitute for 01

I/

alkylation acid could be a valuable commodity since, for many

21

221) For

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fresh acid, thereby freeing up fresh acid for use in alkylation. example, spent sulfuric acid could be used to treat other

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refinery products, to manufacture ammonium sulfate and superphosphates and to pickle steel. Sulfuric acid sludge could be used in the manufacture of ammonium sulfate although the demands were small. Spent alkylation acid and acid sludge could also be regenerated into fresh acid. However, acid sludge was

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Pl. Damages SJ App. 35

Case 1:06-cv-00141-LAS

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Department.

We are well isolated, it must be accessible and

it must be available."

I McColl added that "we ,-

he and the refiners he represented] That is why

knew that something like this would.have to be done.

my committee instructed me to make a study to find something
satisfactory to all the parties concerned."

i McCollVs permit from the City of Fullerton to dump acid
at the McColl Site was granted on June 8, 1942.

[us4931

tion Of Waste Diswosed

At 1 1

Site

ch of the Oil Company Crossclaimants entered into avgas and to sell it to the United States. ties contemplated that 'the Oil companies would expand efining facilities. These expanded facilities included

a1 alkylation units which used substantial amounts of 98% acid as a catalyst to produce alkylate, a major component of avgas. When sulfuric acid reached a concentration

eighborhood of 87-90% in the alkylation unit, it no erved its catalytic function and was replaced. Portions

of this "spent alkylation acid" were used in acid treatin'g units in the refinery. The result was the production of acid sludge, a

byproduct that was, among other disposal methods, dumped at the McColl Site as found by this Court. Some spent alkylation acid

was also dumped at the McColl Site between late 1944 and early
1945 when Stauffer's new acid reprocessing plant at Dominguez

experienced problems. [ccll

Pl. Damages SJ App. 36

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211 494. The alkylation process itself did not generate acid sludge.
I

Rather, it generated spent alkylation acid of approximately 87906 strength.

[us4371
[us4381

495. Acid sludge was generated in acid treating units.

496. Most of the acid waste at the McColl Site began as fresh
sulfuric acid of approximately 98% strength that was used in the alkylation units to produce alkylate for aviation gasoline.

The

"spent alkylation acid" that resulted from the alkylation process was of approximately 87-90% strength. Much of the spent

alkylation acid generated at the Oil Companies' facilities was reprocessed at plants built by Stauffer Chemical Company and General Chemical Company. Some of the spent alkylation acid was

used within the defendantst refineries to treat other petroleum fractions, including motor gasoline (both civilian and military), kerosene and other products. Many of these other petroleum The acid sludge

fractions were not used in.aviation gasoline.

that resulted from acid treating these other petroleum fractions was between 35% and 65% strength. [us4321
297. As described in Stipulation 496, most of the acid waste

jumped at the McColl Site was used in the Oil Company Defendants' refineries for both aviation gasoline produccion and the production of other products.

Thus, any given barrel of waste

dumped at the McColl Site likely contained contamination from both aviation gasoline production and production of other products. [us4331

Pl. Damages SJ App. 37

Case 1:06-cv-00141-LAS
Case 1:06-cv-00141-LAS

Document 31-6
Document 18

Filed 06/20/2008
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IN THE UNITED STATES COURT OF FEDERAL CLAIMS
SHELL OIL COMPANY, UNION OIL COMPANY OF CALIFORNIA, ATLANTIC RICHFIELD COMPANY, and TEXACO, INC., Plaintiffs, v. THE UNITED STATES, Defendant.
) ) )

1 1
) )

No. 06-141 C (Senior Judge Smith)

1
) ) )

DEFENDANT'S RESPONSES TO PLAINTIFFS' PROPOSED FINDINGS OF UNCONTROVERTED FACT Pursuant to Rule 56(h)(2) of this Court's Rules ("RCFC"), defendant, the United States, respectfully responds proposed findings filed by plaintiffs with their motion for partial summary judgment as to liability. 1. On April 10, 1942, Shell Oil Company, Incorporated, and the United States, through the Defense Supplies Corporation ("DSC"), entered into a contract for the sale and purchase of large volumes of 100-octane aviation gasoline ("Avgas"). Contract between Defense Supplies Corporation and Shell Oil Company, Incorporated (April 10, 1942) ("1942 Shell Contract"), P1. App. 1-24. Response: This is a legal conclusion to which RCFC 56 requires no response here. It cannot be supported, in any event, by the cited document, which is unsigned and not authenticated in this record. 2. On May 1, 1943, Shell Oil Company, Incorporated, and the United States, through the DSC, entered into a contract for the sale and purchase of large volumes of Avgas. Contract

Pl. Damages SJ App. 38