EPA v. Commander Oil Corporation

Case summary

'An EPCRA Section 313 inspection was conducted on May 16, 2001. It was determined that the respondent: Failed to submit in a timely manner a form R for processing 4,674,410 pounds of benzene for calendar year 1999. Failed to submit in a timely manner a Form R for processing 23,372,052 pounds of toulene for calendar year 1999. Failed to submit in a timely manner a Form R for processing 23,372,052 pounds of xylene for calendar year 1999. Failed to submit in a timely manner a Form R for processing 4,674,410 pounds of ethylbenzene for calendar year 1999. Failed to submit in a timely manner a Form R for processing 6,544,175 pounds of n-hexane for calendar year 1999. Failed to submit in a timely manner a Form R for processing 4,674,410 pounde of 1,2,4 - trimethylbenzene for calendar year 1999. Failed to submit in a timely manner a Form R for processing 14,023,231 pounds of methyl tert-butyl alcohol for calendar year 1999. Failed to submit in a timely manner a Form R for processing 14,224,213 pounds of tert-butyl alcohol for calendar year 1998. Failed to submit in a timely manner a Form R for processing 9,348,821 pounds of tert-butyl alcohol for calendar year 1999. Mr. James Rigano, Counsel for Commander Terminals, LLC. has indicated that Commander Terminals, LLC. did not own the facility located at One Commander Square in Oyster Bay, New York at the time the violations cited in the complaint occurred. The violations occurred in 1998 and 1999. Commander Terminals, LLC purchased the facility in March of 2001. At the time of the violations, the facility was owned and operated by Commander Oil Corporation. In a letter to the U.S. EPA dated June 17, 2002, Mr. Nicholas Damadeo, Counsel for Commander Oil Corporation sstates that Commander Oil Corporation was the owner of the petroleum bulk storage facility located at One Commander Square in Oyster Bay, New York prior to March 1, 2001 and that one of their clients was the operator of the facility at the time the violations occurred. He further states that Commander Oil Corporation consents to the withdrawal of the complaint against Commander Terminals and the issuance of a new complaint against Commander Oil Corporation. Our intent is to withdraw the complaint against Commander Terminals, LLC. and to issue a new complaint to Commander Oil Corporation. We withdrew the complaint against Commander Terminals, LLC. and issued a new complaint against Commander Oil COproration. The final penalty was $40,000

Defendants (1)

• Commander Oil CorporationNamed in complaintNamed in settlement

Facilities (2)

• COMMANDER OIL CORPORATION

  ONE COMMANDER SQUARE, OYSTER BAY, NY, 117711536

  Registry ID: 110019643411

• COMMANDER OIL CORPORATION

  ONE COMMANDER SQUARE, OYSTER BAY, NY, 117711536

  Registry ID: 110019643411

Statutes cited

• EPCRA 313 — Toxic Chemical Release Reporting (TRI)

Enforcement conclusions (1)

• Commander Oil Corporationentered 2002-12-18

  Primary law: EPCRA

  Federal penalty: $40,000

Timeline (4 milestones)

• 2002-07-05Complaint Filed/Proposed Order
• 2002-09-12Enforcement Action Data Entered
• 2002-12-18Final Order Issued
• 2002-12-18Enforcement Action Closed