EPA v. R M PACKER CO INC

Case summary

9/30/19 On September 30, 2019, the U.S. District Court for District of Massachusetts issued its decision in the trial U.S. vs. R.M. Packer Co., Inc. and Tisbury Towing and Transportation Co., Inc. The court granted the full injunctive relief and penalties sought by the government. In its complaints, the U.S. had alleged CAA State Implementation Plan (SIP) and National Emission Standards for Hazardous Air Pollutants (NESHAP) violations at R.M. Packer?s gasoline bulk terminal, as well as CAA NESHAP and SIP violations by Tisbury Towing, operating out of New Bedford, Massachusetts. Tisbury Towing barges petroleum products to the R.M. Packer bulk oil storage facility on Martha?s Vineyard. The United States? action also alleges violations by R.M. Packer at its bulk oil storage facility of EPA?s Multi-Sector General Permit for stormwater discharges issued under the CWA. The decision requires the companies to operate and maintain vapor control systems to reduce excess emissions, to implement stormwater controls, and to pay penalties totaling $1.3 million. 9/29/14 Region 1 referred to DOJ an action against R.M. Packer Co., Inc., a bulk oil storage facility located on Martha's Vineyard, and Tisbury Towing of New Bedford, Massachusetts for violations of the Clean Air Act NESHAP and the Massachusetts SIP. R.M. Packer also violated EPA's Multi-Sector General Permit for stormwater discharges issued under the Clean Water Act. Based on past experience with the owner of these companies, the Region believes that it is important that all remedial requirements and schedules be included in a court order to ensure compliance. Therefore, the Region is referring this case to DOJ to file a Complaint and negotiate a Consent Decree that will include specific remedial steps under the CAA and CWA as well as an appropriate penalty for past violations.

Defendants (2)

• R M PACKER CO INCNamed in complaintNamed in settlement
• Tisbury TowingNamed in complaintNamed in settlement

Facilities (4)

• RM PACKER COMPANY INCORPORATED

  BEACH ROAD, TOWN OF TISBURY, MA, 025680000

  Registry ID: 110003484104

• RM PACKER COMPANY INCORPORATED

  BEACH ROAD, TOWN OF TISBURY, MA, 025680000

  Registry ID: 110003484104

• TISBURY TOWING

  352 HERMAN MELVILLE BLVD, NEW BEDFORD, CITY OF, MA, 027400000

  Registry ID: 110058906091

• RM PACKER COMPANY INCORPORATED

  BEACH ROAD, TOWN OF TISBURY, MA, 025680000

  Registry ID: 110003484104

Statutes cited

• CWA 301/402 — NPDES Permit Violations
• CAA 110 — Implementation Plan for National Primary and Secondary Ambient Air Quality Standards
• CAA 112 — Hazardous Air Pollutants

Enforcement conclusions (2)

• R M PACKER CO INCentered 2019-09-30

  Primary law: CAA

  Federal penalty: $1,157,000

• R M PACKER CO INC/TISBURY TOWINGentered 2019-09-30

  Primary law: CAA

  Federal penalty: $143,000

Timeline (7 milestones)

• 2014-09-29Referred To Dept Of Justice
• 2014-10-04Enforcement Action Data Entered
• 2016-04-21Complaint Filed With Court
• 2019-09-30Final Order Entered
• 2019-09-30Final Order Lodged
• 2025-09-30Air Resolved
• 2025-09-30Enforcement Action Closed