EPA v. CARIBBEAN PETROLEUM CORP

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 CARIBBEAN PETROLEUM CORPORATION LOCATED AT LUCHETTI INDUSTRIAL PARK, BAYAMON, 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 AND REQUEST INFORMATION WHICH IS INTENDED TO ENSURE COM- PLIANCE WITH STANDARDS OF PERFORMANCE REQUIRED BY THE ACT AND VIOLATIONS OF THE PSD PERMIT'S GAS AND FUEL LIMITATIONS AND RECORDKEEPING REQUIREMENTS. EPA REQUESTS THAT THE U.S. DEPARTMENT OF JUSTICE FILE A CIVIL ACTION SEEKING INJUNCTIVE RELIEF AND CIVIL PENALTIES AGAINST CARIBBEAN PETROLEUM, PURSUANT TO SECTION 113B OF THE ACT, SECTION 7413B, FOR PAST AND FUTURE VIOLATIONS OF THE FACILITY'S PSD PERMIT, THE SIP AND THE CLEAN AIR ACT SUB- SEQUENT TO PRE-REFERRAL NEGOTIATIONS. EPA LEARNED OF THESE VIOLATIONS THROUGH ITS REVIEW OF INFORMATION SUBMITTED BY CARIBBEAN: 1) PURSUANT TO NUMEROUS REQUESTS FOR INFORMATION UNDER SECTION 114 OF THE CAA; 2) IN CONFERENCES DISCUSSING NOV ISSUED ON JULY 8, 1991, MARCH 12 AND MAY 27, 1992. * FACILITY ADDR: CARR 28 KM 2 URB IND LUCHETTI BAYAMON, PR 00619 * OWNERSHIP: PRIVATE * CIVIL PENALTY OF $350,000 PAID ON MAY 16, 1995. *

Defendants (1)

• CARIBBEAN PETROLEUM CORPNamed in complaintNamed in settlement

Facilities (3)

• CARIBBEAN PETROLEUM

  RD 28 KM 2 LUCHETTI IND PARK, BAYAMON, PR, 009610000

  Registry ID: 110008471956

• CARIBBEAN PETROLEUM

  RD 28 KM 2 LUCHETTI IND PARK, BAYAMON, PR, 009610000

  Registry ID: 110008471956

• CARIBBEAN PETROLEUM

  RD 28 KM 2 LUCHETTI IND PARK, BAYAMON, PR, 009610000

  Registry ID: 110008471956

Statutes cited

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

Enforcement conclusions (1)

• CARIBBEAN PETROLEUM CORPentered 1995-03-16

  Primary law: CAA

  Federal penalty: $350,000

Timeline (8 milestones)

• 1991-07-08Enforcement Action Data Entered
• 1992-09-28PRN Sent
• 1995-01-10Referred To Dept Of Justice
• 1995-01-11Complaint Filed With Court
• 1995-03-16Final Order Lodged
• 1995-03-16Final Order Entered
• 1995-03-16Concluded
• 1999-03-16Enforcement Action Closed