EPA v. ESSO VIRGIN ISLANDS, INC

Case summary

THIS IS A PRE-REFERRAL NEGOTIATION CASE CONCERNING VIOLATIONS OF THE CLEAN AIR ACT, SECTIONS 111, 113 AND 114; 42 U.S.C. SECTIONS 7411, 7413 AND 7414 BY ESSO VIRGIN ISLANDS, INC. ( ESSO ). THE PROPOSED ACTION IS BASED ON THE FOLLOWING VIOLATIONS: A) SECTION 111 OF THE ACT WHICH REQUIRES THAT FACILITIES COMPLY WITH APPLICABLE STANDARDS FOR NEW SOURCES PROMULGATED BY THE ADMINISTRATOR BASED UPON SOURCE CATEGORY; AND B) SECTION 114, WHICH AUTHORIZES EPA TO REQUIRE PER- FORMANCE TESTING, REPORTING AND RECORDKEEPING 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 ESSO, PURSUANT TO SECTION 113B OF THE ACT, SECTION 7413B, FOR PAST AND FUTURE VIOLATIONS OF THE SIP AND THE CLEAN AIR ACT. THE PRIMARY OCCURRENCE WHICH LED TO THIS REFERRAL WAS EPA'S RECEIPT OF THE SECTION 114 LETTER RESPONSE FROM ESSO ON MAY 29, 1992, ALTHOUGH A CONFIRMING INSPECTION TOOK PLACE ON AUGUST 3, 1992. * FACILITY ADDR: ST. THOMAS TERMINAL PO BOX 8619 CHARLOTTE, AMALIE ST. THOMAS, VI 00801 * OWNERSHIP: PRIVATE

Defendants (1)

• ESSO VIRGIN ISLANDS, INCNamed in complaintNamed in settlement

Facilities (1)

• ESSO SAINT THOMAS PLANT

  CHARLOTTE AMALIE ST, ST THOMAS -W. INDIAN DOCK, VI, 00801

  Registry ID: 110008202630

Statutes cited

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

Enforcement conclusions (1)

• ESSO VIRGIN ISLANDS, INC.entered 1998-09-25

  Primary law: CAA

  Federal penalty: $249,200

Timeline (8 milestones)

• 1992-08-15Enforcement Action Data Entered
• 1992-09-29PRN Sent
• 1998-07-02Referred To Dept Of Justice
• 1998-07-24Final Order Lodged
• 1998-07-24Complaint Filed With Court
• 1998-09-25Final Order Entered
• 1998-09-25Concluded
• 2005-05-04Enforcement Action Closed