EPA v. SOUSA AND SONS, INC.

Case summary

NATURE OF THE CASE SOUSA OWNS AND OPERATES A BULK GASOLINE LOADING TERMINAL WHICH IS A MAJOR SOURCE OF VOLATILE ORGANIC COMPOUND (VOC) EMISSIONS. THE SOURCE IS LOCATED IN A PRIMARY NON-ATTAIN- MENT AREA FOR OZONE. CAUSE OF ACTION THIS FACILITY IS SUBJECT TO A PORTION OF THE NY SIP WHICH REQUIRES INSTALLATION OF VAPOR RECOVERY EQUIPMENT BY 7/1/82. THE COMPANY HAS NOT INSTALLED THE EQUIPMENT TO DATE. THE COMPANY HAS ENTERED INTO AN INFORMAL AGREEMENT WITH THE NY STATE DEPT OF ENVIRONMENTAL CONSERVATION WHICH REQUIRES FNAL COMPLIANCE BY 12/31/83. PROPOSED REMEDY THIS SOURCE IS SUBJECT TO THE AMINISTRATIOR'S SEPT 20, '82 POLICY BECAUSE IT IS IN AN AREA WHICH IS PRIMARY NON-ATTAIN- MENT FOR OZONE. I CONCUR WITH REGION II'S THRESHOLD DETER- MINATION THAT THE AGENCY NOT SEEK TO SHUT DOWN THIS SOURCE, PRIMARILY BECAUSE THE ENVRIONMENTAL COST OF CONTINUED CNON- COMPLIANCE WILL BE INSIGNIFICANT DURING THE SHORT ADDITIONAL PERIOD OF VIOLATION. NONETHELES, THE POLICY REQUIRES EPA TO INITIATE A FEDERAL ENFORCEMENT ACTION IF A STATE RESOLUTION OF THE PROBLEM IS UNSATISFACTORY. SOUSA ORIGINALLY AGREED WITH THE STATE, IN 2/82, TO MEET A COMPLINACE DEADLINE OF 7/1/83. IN 12/82 THEY REQUESTED AND RECEIVED AN EXTENTSION UNTIL 12/31/83. REGION II BELIEVES THE ADDITIONAL TIME IS UNWARRANTED. THEY HAVE MADE A TECHNICAL DETERMINATION, BASED ON THE WORK ALREADY COMPLETED AT THE SITE, THAT COMPLIANCE CAN BE ACHEIVED BY 7/1/83. THE REGION THEREFORE IS SEEKING AN\ INJUNCTION REQUIRING COMPLIANCE BY THAT DATE. IF SOUSA DOES NOT AGREE BY 3/15/83 TO STIPULATE TO SUCH A SCHEDULE, EPA SHOULD SEEK CLOSURE OF THE SOURCE. IN ADDITION, THE STATE DID NOT ASSESS A PENALTY. EPA IS SEEKING A CIVIL PENALTY OF $15K-$30K. ISSUES OF NATIONAL OR PRECEDENTI SIGNIFICANCE UNDER THE TERMS OF THE SEPT 20, '82 POLICY, EPA MUST DETERMINE THAT THE PUBLIC INTEREST IN CONTINUED OPERATION OF THE SOURCE OUTWEIGHS THE ENVIRONMENTAL COST OF AN ADDI- TIONAL PERIOD OF NONCOMPLIANCE IN ORDER TO STIPULATE TO A COMPLIANCE SCHEDULE RATHER THAN SEEK SHUTDOWN OF THE FACILITY. I HAVE ASKED REGION II TO SUBMIT A SUPPLEMENTAL MEMO WHICH WILL DISCUSS THIS ISSUE IN GREATER DETAIL. BASED ON THE LITIGATION REPORT & DISCUSSIONS WITH REGION II, HOW- EVER, I AM PREPARED TO RECOMMEND CONCURRENCE IN THE REGION'S RECOMMENDATION THAT WE ALLOW THE SOURCE TO CONTIUE TO OPER- ATE. THIS CONCLUSION IS BASED PRIMARLIY ON THE MINIMAL EN- VIRONMENTAL COST OF ADDITIONAL NONCOMPLIANCE, IF SOUSA STIPULATES TO FINAL COMPLIANCE BY 7/1/83. ALSO, SOUSA HAS DEMONSTRATED GOOD FAITH BY HAVING REACHED AN AGREEMENT WITH THE STATE.

Defendants (1)

• R. SOUSA & SONS, INC.Named in complaintNamed in settlement

Facilities (1)

• J.R. SOUSA & SONS INC.

  ALBANY AVE, TROY, NY, 12180

  Registry ID: 110007145687

Statutes cited

• CAA 110 — Implementation Plan for National Primary and Secondary Ambient Air Quality Standards

Enforcement conclusions (1)

• SOUSA AND SONS, INCentered 1983-07-13

  Primary law: CAA

  Federal penalty: $7,000

Timeline (8 milestones)

• 1983-01-17Referred To Headquarters
• 1983-02-25Referred To Dept Of Justice
• 1983-04-25Referred TO U.S. Attorney
• 1983-05-03Complaint Filed With Court
• 1983-07-13Final Order Lodged
• 1983-07-13Final Order Entered
• 1983-07-13Concluded
• 1985-07-13Enforcement Action Closed