EPA v. PUERTO RICO SUN OIL CO

Case summary

THIS IS A PRE-REFERRAL NEGOTIATION CASE UNDER THE CLEAN AIR ACT, SECTIONS 110, 111, 113 AND 114; 42 U.S.C. SECTIONS 7410, 7411, 7413 AND 114 INVOLVING THE PUERTO RICO SUN OIL COMPANY LOCATED AT 168 MUNOZ RIVERA, BANCO PONCE BUILDING, SAN JUAN, PUERTO RICO. THE VIOLATIONS UPON WHICH THE PROPOSED ACTION IS BASED ARE: SECTION 110 OF THE ACT, WHICH REQUIRES THAT FACILITIES COMPLY WITH AN APPLICABLE STATE IMPLEMENTATION PLAN ( SIP ); AND SECTION 114, WHICH AUTHORIZES EPA TO REQUIRE MONITORING WHICH IS INTENDED TO ENSURE COMPLIANCE WITH STANDARDS OF PERFORMANCE REQUIRED BY THE ACT. EPA REQUESTS THAT THE U.S. DEPARTMENT OF JUSTICE FILE A CIVIL ACTION SEEKING INJUNCTIVE RELIEF AND CIVIL PENALTIES AGAINST PRSOC, PURSUANT TO SECTION 113(B) OF THE ACT, SECTIONS 7413(B), FOR PAST AND FUTURE VIOLATIONS OF THE SIP AND CLEAN AIR ACT. EPA LEARNED OF THESE VIOLATIONS THROUGH ITS REVIEW OF INFORMATION SUBMITTED BY PRSOC: 1) IN SUPPORT OF ITS REQUEST FOR A DETERMINATION OF NON-APPLICABILITY OF PSD; 2) IN CONJUNCTION WITH A MARCH 19, 1992 NOV CONFERENCE; 3) AND IN RESPONSE TO TWO INFORMATION REQUEST LETTERS, ONE WHICH MADE FURTHER INQUIRY REGARDING SIP AND PERMIT VIOLA- TIONS; AND ONE WHICH SOUGHT INFORMATION REGARDING COMPLIANCE WITH SUBPART J. FACILITY ADDR: RD 901 KM 2.7 CAMINO NUEVO WARD YABUCOA, PR 00767 * OWNERSHIP: PRIVATE * COMPLIANT FILED SEPTEMBER 30, 1996 AND A COPY WAS PROVIDED FOR THE DOCKET FILES. * 06/17/97 - CD ENTERED. DEFENDANT PAID CIVIL PENALTY $250,000 + INT ON 7/10/97. 12/18/99 - CASE AND CD CLOSE (ALL TERMS COMPLIED).

Defendants (1)

• PUERTO RICO SUN OIL CONamed in complaintNamed in settlement

Facilities (2)

• PUERTO RICO SUN OIL COMPANY LLC

  ROAD 901 KILOMETER 2.7, YABUCOA, PR, 00767

  Registry ID: 110000580915

• PUERTO RICO SUN OIL COMPANY LLC

  ROAD 901 KILOMETER 2.7, YABUCOA, PR, 00767

  Registry ID: 110000580915

Statutes cited

• CAA 114 — Record keeping, Inspection, Information Request
• CAA 111 — New Source Performance Standards

Enforcement conclusions (1)

• PUERTO RICO SUN OIL COMPANY, INC.,entered 1997-06-18

  Primary law: CAA

  Federal penalty: $250,000

Timeline (8 milestones)

• 1992-09-01Enforcement Action Data Entered
• 1992-09-30PRN Sent
• 1994-06-29Referred To Dept Of Justice
• 1996-09-30Complaint Filed With Court
• 1997-04-25Final Order Lodged
• 1997-06-18Final Order Entered
• 1997-06-18Concluded
• 1999-12-18Enforcement Action Closed