HollyFrontier 2014 Annual Report Download - page 27

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Table of Content
19
The Comprehensive Environmental Response, Compensation and Liability Act (“CERCLA”), also known as “Superfund,” imposes
liability, without regard to fault or the legality of the original conduct, on certain classes of persons, including the current and past
owner or operator of the disposal site or sites from which there is a release of a “hazardous substance,” as well as persons that
disposed of or arranged for the disposal or treatment of the hazardous substances at the site or sites. Under CERCLA, such persons
may be subject to joint and several liability for such costs as the cost of cleaning up the hazardous substances that have been
released into the environment and for damages to natural resources. In the course of our historical operations, as well as in our
current normal operations, we have generated waste, some of which falls within the statutory definition of a “hazardous substance”
and some of which may have been disposed of at sites that may be subject to cleanup and cost recovery actions under CERCLA
by a government entity or other third party. Similarly, locations now owned or operated by us, where third parties have disposed
such hazardous substances in the past, may also be subject to cleanup and cost recovery actions under CERCLA. Under CERCLA,
liable parties may seek contribution from other liable parties to share in the costs of cleanup. Some states have enacted laws similar
to CERCLA which impose similar responsibilities and liabilities on responsible parties. It is also not uncommon for neighboring
landowners and other third parties to file claims under state law for personal injury and property damage allegedly caused by
hazardous substances or other pollutants released into the environment.
As is the case with all companies engaged in industries similar to ours, we face potential exposure to future claims and lawsuits
involving environmental matters. These matters include soil and water contamination, air pollution, personal injury and property
damage allegedly caused by substances that we manufactured, handled, used, released or disposed of. We currently have
environmental remediation projects that relate to recovery, treatment and monitoring activities resulting from past releases of
refined product and crude oil into the environment. As of December 31, 2014, we had an accrual of $104.5 million related to such
environmental liabilities.
We are and have been the subject of various state, federal and private proceedings and inquiries relating to compliance with
environmental regulations and conditions, including those discussed above. Compliance with current and future environmental
regulations is expected to require additional expenditures, including expenditures for investigation and remediation, which may
be significant, at our refineries and at pipeline transportation facilities. To the extent that future expenditures for these purposes
are material and can be reasonably determined, these costs are disclosed and accrued, if applicable.
Our operations are also subject to various laws and regulations relating to occupational health and safety. We maintain safety,
training and maintenance programs as part of our ongoing efforts to ensure compliance with applicable laws and regulations.
Compliance with applicable health and safety laws and regulations has required and continues to require substantial expenditures.
Health and environmental legislation and regulations change frequently. We cannot predict what additional health and
environmental legislation or regulations will be enacted or become effective in the future or how existing or future laws or
regulations will be administered or interpreted with respect to our operations. Compliance with more stringent laws or regulations
or adverse changes in the interpretation of existing laws or regulations by government agencies could have an adverse effect on
our financial position and the results of our operations and could require substantial expenditures for the installation and operation
of systems and equipment that we do not currently possess.
Insurance
Our operations are subject to hazards of operations, including fire, explosion and weather-related perils. We maintain various
insurance coverages, including business interruption insurance, subject to certain deductibles. We are not fully insured against
certain risks because such risks are not fully insurable, coverage is unavailable, or premium costs, in our judgment, do not justify
such expenditures.
We have a risk management oversight committee that is made up of members from our senior management. This committee
oversees our risk enterprise program, monitors our risk environment and provides direction for activities to mitigate identified
risks that may adversely affect the achievement of our goals.