Corporate Misconduct Accountability Project
Marathon Petroleum Company LP · EPA Consent Agreement and Final Order
Marathon Petroleum Repeatedly Violated Clean Air Act at Ohio Refinery
The EPA found Marathon’s Canton refinery exceeded federal limits on toxic emissions for hundreds of hours, exposing nearby residents to hydrogen sulfide and sulfur dioxide while paying a fraction of potential penalties.
HIGH SEVERITY
TL;DR
Marathon Petroleum repeatedly violated Clean Air Act limits at its Canton, Ohio refinery between August 2022 and July 2023, burning fuel gas with excessive hydrogen sulfide for 145 hours and releasing sulfur dioxide above permitted levels for 247 hours. The company also failed to report a major emissions malfunction as required by federal law. Marathon settled with the EPA for $225,715 without admitting wrongdoing, a penalty critics say is too small to deter future violations at a facility that processes millions of barrels of oil.
This case reveals how modest penalties allow corporations to treat environmental violations as routine business costs while communities bear the health consequences.
145 hours
Hours of excessive hydrogen sulfide in fuel gas
247 hours
Hours sulfur recovery units exceeded SO2 limits
$225,715
Civil penalty paid by Marathon
162 ppmv
Legal H2S limit repeatedly exceeded
250 ppmvd
SO2 limit violated for over 200 hours
The Allegations: A Breakdown
Core Allegations
What Marathon did wrong · 8 points
| 01 | Marathon burned fuel gas containing hydrogen sulfide exceeding 162 parts per million by volume for 72 hours in process heaters B028 and B029 between August 6, 2022 and May 27, 2023. Federal regulations prohibit burning fuel gas with H2S concentrations above this threshold because the compound is toxic and corrosive to human respiratory systems. | high |
| 02 | The company violated H2S limits for 73 additional hours across ten other fuel gas combustion devices including process heaters, boilers, and the Ultra-Low Sulfur Diesel Reactor Charge Heater during the same period. Each hour of exceedance represents a separate violation of both federal New Source Performance Standards and Ohio State Implementation Plan requirements. | high |
| 03 | Marathon’s sulfur recovery units P011 and P016 emitted sulfur dioxide above 250 parts per million by volume for 247 hours between December 23, 2022 and July 14, 2023. These units are specifically designed to capture sulfur compounds rather than releasing them into the atmosphere as air pollution. | high |
| 04 | The refinery exceeded Ohio’s Best Available Technology emission limit of 8.66 pounds per hour of sulfur dioxide from unit P016 for 343 hours during the same timeframe. This state-mandated threshold represents the maximum pollution level deemed acceptable based on available control technology. | high |
| 05 | Marathon violated the 21.1 pounds per hour SO2 emission limit for combined units P011 and P016 for 60 hours. These rolling 12-hour average limits exist to protect local air quality and public health in Canton, Ohio. | medium |
| 06 | The company failed to prepare and submit a written malfunction report for a sulfur dioxide excess emissions event beginning January 30, 2023. Federal regulations require this report to include the nature and cause of the malfunction and corrective actions taken, allowing regulators to understand and respond to pollution incidents. | medium |
| 07 | Marathon neither admitted nor denied the factual allegations but agreed to pay the civil penalty and comply with the settlement terms. This legal posture allows the company to avoid an official record of lawbreaking while resolving the enforcement action. | low |
| 08 | The violations occurred at a Title V major source facility that had obtained permits specifically requiring compliance with these emission limits. Marathon operated the Canton refinery knowing the exact thresholds it was legally obligated to meet. | medium |
Regulatory Failures
How the system allowed ongoing violations · 7 points
| 01 | The EPA issued an Information Request to Marathon on August 23, 2023, nearly a year after violations began. The agency relied on Marathon’s self-reported data rather than conducting independent real-time monitoring of the refinery’s emissions. | medium |
| 02 | Regulators issued a Notice and Finding of Violation on February 12, 2024, more than 14 months after the first documented exceedances in December 2022. By this time, hundreds of hours of violations had already exposed the Canton community to excess pollution. | high |
| 03 | The Clean Air Act limits EPA’s administrative authority to violations occurring within 12 months before initiation of enforcement action unless special determinations are made. This statutory constraint can prevent regulators from addressing the full scope of repeated violations at facilities like Marathon’s refinery. | medium |
| 04 | The settlement process involved meetings and negotiations between Marathon and EPA that stretched from February through September 2024. Communities seeking immediate corrective action must wait through months of administrative procedures while pollution continues. | medium |
| 05 | Maximum statutory penalties under the Clean Air Act can reach $57,617 per day of violation, potentially totaling over $14 million for the 247 hours of SO2 violations alone. The actual settlement of $225,715 represents approximately 1.6 percent of the theoretical maximum penalty. | high |
| 06 | EPA regulations require Marathon to install continuous monitoring devices and submit quarterly excess emissions reports, but the system depends on the company accurately reporting its own violations. This self-policing model failed to prevent or quickly stop the repeated exceedances at Canton. | medium |
| 07 | Ohio EPA issued Title V Permit P0127829 on June 21, 2021, clearly specifying the emission limits Marathon violated. Despite having explicit permit conditions, the company exceeded these limits for extended periods without triggering immediate enforcement responses. | medium |
Profit Over People
The economics of choosing violations over compliance · 6 points
| 01 | Marathon paid a civil penalty of $225,715 for violations spanning ten months across multiple emission units. For a major petroleum refinery processing thousands of barrels daily, this sum likely represents a small fraction of operational revenues during the violation period. | high |
| 02 | Installing or upgrading sulfur recovery technology to prevent SO2 exceedances typically costs millions of dollars in capital investment. Marathon’s settlement penalty is orders of magnitude smaller than the cost of comprehensive emissions control upgrades. | high |
| 03 | The consent agreement imposes no requirements for Marathon to install new pollution control equipment or implement operational changes to prevent future violations. The company can resume operations without making the costly investments that would ensure continuous compliance. | high |
| 04 | Marathon’s violations occurred across process heaters, boilers, and sulfur recovery units critical to refinery operations. Shutting down or reducing throughput at these units to achieve compliance would have directly reduced the facility’s production capacity and profitability. | medium |
| 05 | The settlement allows Marathon to treat the penalty as a routine business expense deductible from corporate revenues. Federal tax law specifically states this civil penalty is not deductible, but enforcement expenses and legal fees often are. | medium |
| 06 | Marathon certified in the consent agreement that it is now in full compliance with all Clean Air Act requirements at the Canton refinery. This certification came only after EPA enforcement action, not through voluntary commitment to environmental standards. | medium |
Public Health and Safety
The human cost of air quality violations · 6 points
| 01 | Hydrogen sulfide is toxic and corrosive to human respiratory systems even at concentrations above regulatory thresholds. Marathon burned fuel gas exceeding the 162 ppmv H2S limit for 145 total hours, potentially exposing workers and nearby residents to this hazardous compound. | high |
| 02 | Sulfur dioxide irritates airways, aggravates asthma, and causes respiratory and cardiovascular problems in vulnerable populations including children and the elderly. Marathon’s sulfur recovery units emitted SO2 above legal limits for 247 hours, with exceedances concentrated over several months. | high |
| 03 | The Canton refinery is located at 2408 Gambrinus Avenue SW in a populated area where residents live and work near the facility. These community members had no choice but to breathe air containing elevated levels of toxic emissions during the violation periods. | high |
| 04 | Federal emission limits for H2S and SO2 exist specifically because these compounds pose documented public health risks at elevated concentrations. By exceeding these science-based thresholds, Marathon exposed the Canton community to pollution levels regulators determined are unsafe. | high |
| 05 | Marathon failed to submit the required malfunction report for the January 30, 2023 SO2 exceedance, depriving local health officials and the public of timely information about the pollution event. This reporting failure prevented community members from taking protective actions during the incident. | medium |
| 06 | The consent agreement contains no provisions requiring Marathon to conduct health assessments or offer medical monitoring to nearby residents who may have been affected by the excess emissions. Communities bear the health consequences without compensation or corporate accountability for potential medical costs. | medium |
Community Impact
Canton residents bear the burden · 6 points
| 01 | Canton residents lived with substandard air quality for nearly a year while Marathon’s violations continued from August 2022 through July 2023. The settlement provides no compensation to community members for this extended period of environmental harm. | high |
| 02 | Marathon’s refinery operations provide jobs and tax revenue to Canton, creating economic pressure on local officials to avoid aggressive enforcement that might disrupt these benefits. This dynamic can silence community voices concerned about air quality and health impacts. | medium |
| 03 | The technical complexity of refinery emission limits measured in parts per million makes it difficult for ordinary residents to understand the scope and severity of violations. Marathon’s exceedances may not produce visible smoke or odors that would alert the community to ongoing pollution problems. | medium |
| 04 | Property values near industrial facilities often decline when areas develop reputations for poor air quality. Marathon’s documented violations may affect Canton homeowners’ property values and the neighborhood’s attractiveness to prospective residents. | medium |
| 05 | The consent agreement became effective upon filing with the Regional Hearing Clerk on September 17, 2024, over two years after the first violations. Canton residents waited more than two years for any formal accountability or resolution of the emission problems. | medium |
| 06 | Marathon’s settlement includes no community benefit projects, air quality monitoring equipment for residents, or other measures to directly address the harm caused to Canton. The $225,715 penalty goes to federal coffers rather than supporting affected community members. | medium |
Corporate Accountability Failures
How Marathon avoided meaningful consequences · 7 points
| 01 | Marathon neither admitted nor denied the factual allegations in the consent agreement. This standard settlement language allows the company to resolve enforcement without creating an official record that it broke environmental laws. | medium |
| 02 | The consent agreement waives Marathon’s right to a hearing and contest the allegations. By settling quickly, the company avoided a public administrative proceeding that would have created a detailed record of its violations and potentially resulted in higher penalties. | medium |
| 03 | No individual Marathon executives, managers, or employees face personal liability or consequences for the violations. The corporate entity paid the penalty while the people who made operational decisions remain unidentified and unaccountable. | medium |
| 04 | The settlement resolves only federal civil penalties and explicitly preserves EPA’s right to pursue future enforcement for other violations. This narrow scope means Marathon faced no criminal sanctions, shareholder lawsuits, or state enforcement actions as part of this proceeding. | low |
| 05 | Marathon must pay interest and quarterly nonpayment penalties only if it fails to pay the civil penalty on time. The agreement contains no ongoing compliance monitoring, mandatory technology upgrades, or other forward-looking requirements to prevent future violations. | medium |
| 06 | The consent agreement constitutes an enforcement response under EPA’s penalty policy, affecting how Marathon’s compliance history is calculated in future enforcement actions. However, without an admission of guilt, the company can characterize the settlement as resolving disputed allegations rather than confirmed violations. | low |
| 07 | EPA required Marathon to submit IRS Form W-9 for tax reporting purposes within 30 days of the final order. This administrative requirement ensures EPA can report the penalty payment to the IRS, but Marathon’s overall tax burden decreases because the company can deduct legal and compliance costs. | low |
Exploiting Delay
How the enforcement timeline favored Marathon · 6 points
| 01 | Marathon’s violations began in August 2022 but EPA did not issue an Information Request until August 23, 2023, allowing nearly a full year of violations to accumulate. The company continued operating without immediate enforcement consequences during this period. | high |
| 02 | Marathon provided its response to EPA’s Information Request on September 21, 2023, nearly 13 months after the first documented violations. The company controlled the pace of information disclosure throughout this initial investigation period. | medium |
| 03 | EPA issued the Notice and Finding of Violation on February 12, 2024, then held a meeting with Marathon representatives on March 18, 2024 to discuss the allegations. These negotiations delayed any penalty assessment while giving Marathon time to develop legal and technical defenses. | medium |
| 04 | The parties reached settlement and signed the consent agreement on September 11, 2024 for Marathon and September 16, 2024 for EPA. From the first violation to final settlement took over two years, during which Marathon faced no operational restrictions or financial consequences. | high |
| 05 | The consent agreement became effective immediately upon filing with the Regional Hearing Clerk on September 17, 2024. This administrative finality came 25 months after the August 2022 violations and 14 months after the last documented exceedance in July 2023. | medium |
| 06 | Marathon must pay the civil penalty within 30 days of the effective date and provide payment notice within 24 hours of payment. These are the only time-sensitive obligations in the settlement, with no deadlines for implementing operational improvements or pollution prevention measures. | medium |
The Bottom Line
What this case reveals about environmental enforcement · 6 points
| 01 | Marathon Petroleum violated Clean Air Act emission limits for hundreds of hours across multiple refinery units, exposing Canton residents to toxic air pollution. The company paid a penalty representing a tiny fraction of potential maximum fines and made no admission of wrongdoing. | high |
| 02 | The two-year gap between first violations and final settlement allowed Marathon to continue operations without disruption while communities bore the health and environmental costs. This enforcement timeline favors corporate interests over public protection. | high |
| 03 | Marathon faced no requirements to upgrade pollution control equipment, reduce refinery throughput, or implement specific operational changes to prevent future violations. The settlement imposes only a monetary penalty without mandating the systemic fixes needed to ensure compliance. | high |
| 04 | The consent agreement treats environmental violations as routine business matters resolved through negotiation and payment. This administrative approach normalizes corporate lawbreaking and fails to create meaningful deterrence against future misconduct. | high |
| 05 | Canton community members who breathed polluted air for months have no avenue for compensation, health monitoring, or direct participation in the enforcement process. Environmental justice remains elusive when settlements prioritize regulatory closure over community restoration. | high |
| 06 | This case demonstrates how modest penalties and settlement-without-admission allow major corporations to externalize environmental costs onto vulnerable communities. Real accountability would require penalties exceeding compliance costs and mandatory operational reforms, not negotiated compromises that preserve business as usual. | high |
Timeline of Events
August 2022
Marathon begins exceeding H2S limits at process heaters B028 and B029
December 2022
Sulfur recovery units P011 and P016 begin exceeding SO2 emission limits
January 2023
Marathon fails to submit required malfunction report for SO2 exceedance beginning January 30
May 2023
Last documented H2S exceedances occur on May 27, 2023
July 2023
Last documented SO2 exceedances occur on July 14, 2023
August 2023
EPA issues Information Request to Marathon on August 23
September 2023
Marathon provides response to EPA Information Request on September 21
February 2024
EPA issues Notice and Finding of Violation on February 12
March 2024
EPA and Marathon representatives meet to discuss violations on March 18
September 2024
Consent Agreement signed and filed, effective September 17; Marathon to pay $225,715
Direct Quotes from the Legal Record
QUOTE 1
Repeated H2S violations at process heaters
allegations
“Respondent violated Refinery NSPS Subpart J at 40 C.F.R. § 60.104(a)(1) and 2021 Title V Permit Condition C.1(b)(1)(i) by exceeding the 162 ppmv rolling, 3-hour average H2S concentration limit in the fuel gas for EUs B028 and B029 for 72 hours between August 6, 2022 and May 27, 2023”
💡 Marathon burned toxic fuel gas above legal limits for three full days across multiple process heaters
QUOTE 2
Widespread H2S violations across ten units
allegations
“Respondent violated Refinery NSPS Subparts J and Ja at 40 C.F.R. §§ 60.104(a)(1) and 60.102a(g)(1)(ii) and 2021 Title V Permit Conditions C.1(b)(1)(i), C.2(b)(1)(h), and C.3(b)(1)(i) by exceeding the 162 ppmv rolling, 3-hour average H2S concentration limit in the fuel gas for EUs B015, B016, B019, B020, B021, B022, B023, B027, B031, and B033 for 73 hours between August 6, 2022 and May 27, 2023”
💡 The violations were not isolated incidents but affected ten separate combustion devices for 73 additional hours
QUOTE 3
247 hours of SO2 exceedances
allegations
“Respondent violated Refinery NSPS Subpart J at 40 C.F.R. § 60.104(a)(2)(i), Refinery MACT 2 at 40 C.F.R. 63.1568(a)(1), and 2021 Title V Permit Conditions C.8(b)(1)(e) and C.8(b)(1)(g) by exceeding the 250 ppmvd rolling, 12-hour average SO2 emissions limit at zero percent excess air from EUs P011 and P016 for 247 hours between December 23, 2022 and July 14, 2023”
💡 Marathon’s sulfur recovery units violated federal emission standards for over 200 hours spanning seven months
QUOTE 4
Failure to report major malfunction
allegations
“Respondent violated the NSPS General Provisions at 40 C.F.R. § 60.7(c) and 2021 Title V Permit Condition B.30(a) by failing to prepare and submit a written report that included the nature and cause of any malfunction (if known) and the corrective action taken or preventative measures adopted for the SO2 excess emissions event at EUs P011 and P016 that began on January 30, 2023”
💡 Marathon denied regulators timely information about a major pollution event, preventing oversight and public protection
QUOTE 5
343 hours violating Ohio state limits
allegations
“Respondent violated the BAT limits specified in OAC Rule 3745-31-05(A)(3) and 2021 Title V Permit Condition C.8(b)(1)(a) by exceeding the 8.66 pounds per hour rolling, 12-hour average SO2 emissions limit for EU P016 for 343 hours between December 23, 2022 and July 14, 2023”
💡 Beyond federal violations, Marathon exceeded Ohio’s Best Available Technology standards for over 340 hours
QUOTE 6
Settlement without admission
accountability
“Respondent admits the jurisdictional allegations in this CAFO and neither admits nor denies the factual allegations in this CAFO”
💡 Marathon avoided creating an official record of lawbreaking despite settling the enforcement action
QUOTE 7
Waiving right to contest
accountability
“Respondent waives its right to request a hearing as provided at 40 C.F.R. § 22.15(c), any right to contest the allegations in this CAFO and its right to appeal this CAFO”
💡 Marathon chose to settle quickly rather than face a public hearing that would document violations in detail
QUOTE 8
Modest penalty amount
profit
“Based on analysis of the factors specified in Section 113(e) of the CAA, 42 U.S.C. § 7413(e), the facts of this case and Respondent’s cooperation in resolving the alleged violations, Complainant has determined that an appropriate civil penalty to settle this action is $225,715”
💡 EPA assessed a penalty representing a tiny fraction of the potential maximum fines for hundreds of hours of violations
QUOTE 9
Maximum penalty authority
regulatory
“The Administrator of EPA (Administrator) may assess a civil penalty of up to $57,617 per day of violation up to a total of $460,926 for violations that occurred after November 2, 2015 under Section 113(d)(1) of the CAA, 42 U.S.C. § 7413(d)(1), and 40 C.F.R. Part 19”
💡 EPA had authority to impose penalties up to $57,617 per day but settled for far less
QUOTE 10
Health risks of SO2
health
“At high enough concentrations—and especially when encountered repeatedly—SO2 can irritate the airways, aggravate asthma, and cause respiratory and cardiovascular issues in vulnerable populations”
💡 The violations exposed Canton residents to a pollutant known to harm respiratory and cardiovascular health
QUOTE 11
Toxicity of H2S
health
“H2S, known for its ‘rotten egg’ odor, can be corrosive and toxic, harming respiratory health if significantly above regulated levels”
💡 Marathon burned fuel gas containing toxic hydrogen sulfide at levels exceeding safety thresholds for 145 hours
QUOTE 12
No operational changes required
accountability
“This CAFO resolves only Respondent’s liability for federal civil penalties for the violations alleged in this CAFO”
💡 The settlement imposed no requirements for Marathon to upgrade equipment or change operations to prevent future violations
QUOTE 13
Canton refinery location
community
“At all relevant times, Respondent owned and operated a petroleum refinery at 2408 Gambrinus Avenue SW, Canton, Ohio (Canton Refinery)”
💡 The violations occurred at a facility in a populated area where residents live near the pollution sources
QUOTE 14
Penalty not tax deductible
profit
“This civil penalty is not deductible for federal tax purposes”
💡 Marathon cannot reduce its tax burden by deducting the penalty, though it can deduct legal fees and compliance costs
QUOTE 15
Certification of current compliance
accountability
“Respondent certifies that it is complying fully with the Ohio SIP, NSPS General Provisions, Refinery NSPS Subparts J and Ja, and Refinery MACT 2 at the Canton Refinery”
💡 Marathon claims current compliance only after EPA enforcement, not through proactive environmental stewardship
Frequently Asked Questions
What did Marathon Petroleum do wrong at its Canton refinery?
Marathon repeatedly violated Clean Air Act limits by burning fuel gas with excessive hydrogen sulfide for 145 hours and allowing its sulfur recovery units to emit sulfur dioxide above legal limits for 247 hours between August 2022 and July 2023. The company also failed to file a required malfunction report for a major emissions event.
Why are these violations harmful to public health?
Hydrogen sulfide is toxic and corrosive to respiratory systems, while sulfur dioxide irritates airways, aggravates asthma, and causes respiratory and cardiovascular problems, especially in children and elderly people. Marathon exceeded safety limits for these pollutants for hundreds of hours, potentially exposing Canton residents to unsafe air quality.
How much did Marathon pay in penalties?
Marathon agreed to pay $225,715 to settle the EPA enforcement action. This represents a small fraction of the potential maximum penalties, which could have exceeded $14 million for the SO2 violations alone at the statutory rate of $57,617 per day.
Did Marathon admit to breaking the law?
No. The consent agreement states that Marathon neither admits nor denies the factual allegations. This standard settlement language allows the company to resolve the enforcement action without creating an official record that it violated environmental laws.
How long did the violations continue before EPA took action?
Violations began in August 2022, but EPA did not issue an Information Request until August 2023, nearly a year later. The Notice of Violation came in February 2024, and the final settlement was not reached until September 2024, over two years after the first documented exceedances.
Does the settlement require Marathon to upgrade its pollution control equipment?
No. The consent agreement imposes only a monetary penalty. It contains no requirements for Marathon to install new emission control technology, reduce refinery throughput, or implement specific operational changes to prevent future violations.
What can Canton residents do if they believe their health was affected?
The consent agreement provides no compensation or medical monitoring for affected residents. Community members concerned about health impacts could document symptoms, seek medical evaluation, contact local health departments, join or form community environmental groups, and potentially consult attorneys about independent legal action, though proving causation is challenging.
Why did EPA settle for such a small penalty compared to the maximum?
EPA considered factors including Marathon’s cooperation in resolving the violations, the complexity of the case, and litigation risks. Enforcement agencies often negotiate settlements below maximum penalties to avoid lengthy legal battles and secure faster resolution, though critics argue this approach fails to deter corporate misconduct.
Could Marathon face additional penalties for these same violations?
No. The consent agreement resolves Marathon’s liability for federal civil penalties for the specific violations described in the document. However, it does not prevent EPA from pursuing enforcement for different violations or criminal sanctions if warranted, and it does not affect state enforcement authority or private lawsuits.
How does this case compare to other environmental violations?
This pattern is common in environmental enforcement. Companies often face modest penalties that are small compared to their revenues and the cost of full compliance. Settlements without admissions of guilt, long delays between violations and enforcement, and lack of required operational changes characterize many such cases, leading critics to argue the system fails to provide meaningful deterrence.
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