EPA v. HOVENSA L.L.C.

Case summary

LATE REPORTER INITIATIVE: A review of the Toxic Release Inventory Envirofacts Database (TRI Database) indicated that HOVENSA L.L.C. (HOVENSA) voluntarily submitted to the EPA late Form R reports for the following: Chemical Name Reporting Year Report Due Report Submitted # of Years Late Carbonyl Sulfide 1998 July 1, 1999 January 16, 2003 > 1 Carbon Disulfide 1998 July 1, 1999 January 16, 2003 > 1 On July 1, 2003, a letter was sent to the company to address these late reporting violations and to request additional information. On August 15, 2003, HOVENSA provided the requested information. Based on this information, it was determined that HOVENSA had reported late and had �manufactured� (as defined in 40 C.F.R. � 372.3) over 250,000 lbs. of carbonyl sulfide and 132,032 lbs. of carbon disulfide during 1998. These failures to submit the Form R reports, in a timely manner, constitute violations of Section 313 of EPCRA, 42 U.S.C. �11023, and 40 C.F.R �372.30. The penalty was initially calculated using the Enforcement Response Policy (ERP) for Section 313 of EPCRA issued by the USEPA Office of Compliance Monitoring, Office of Pesticides and Toxic Substances, on August 10, 1992. A penalty of $46,200 was proposed. EPA and HOVENSA agree that settling this matter by entering into this Consent Agreement and Final Order pursuant to 40 C.F.R. � 22.13(b) and 40 C.F.R. � 22.18(b)(2) and (3), is an appropriate means of resolving this case without further litigation, and to that end, the parties conducted an informal settlement conference over the telephone on July 30, 2003 between Ms. Kathleen Antoine, Environmental Director and Mr. Daniel Kraft and Ms. Aarti Reddy of the Pesticides and Toxic Substances Branch. Ms. Antoine assured us that HOVENSA is dedicated to ensuring that the company continues to comply in a timely fashion. A 50% reduction was allowed for the voluntary self-disclosure. Due to Respondent's willingness to settle this matter in an expeditious manner without the issuance of a formal administrative complaint, an additional 10% reduction was allowed under the as justice may require portion of the ERP, in consideration of the savings to the Agency in time and the costs of litigation. A final 15% reduction was allowed under the �as justice may require� portion of the ERP in consideration of Region 2's late reporter initiative to expeditiously address the nearly 800 late Form R reports filed in reporting years 1997, 1998, 1999 and 2000 by facilities in Region 2. The total reduction of 75% would bring the proposed penalty to $11,550. This penalty was reduced in accordance with the Enforcement Response Policy for Section 313 of EPCRA. In order to reach an equitable settlement, we propose to accept a reduced penalty of $11,550 and have prepared the Consent Agreement and Final Order accordingly.

Defendants (1)

• Hovensa L.L.C.Named in complaintNamed in settlement

Facilities (1)

• OCEAN POINT TERMINALS (FKA LIMETREE)

  1 ESTATE HOPE, CHRISTIANSTED, VI, 00820

  Registry ID: 110000307864

Statutes cited

• EPCRA 313 — Toxic Chemical Release Reporting (TRI)

Enforcement conclusions (1)

• HOVENSA L.L.C.entered 2003-12-08

  Primary law: EPCRA

  Federal penalty: $11,550

Timeline (4 milestones)

• 2003-12-08Enforcement Action Closed
• 2003-12-08Complaint Filed/Proposed Order
• 2003-12-08Final Order Issued
• 2003-12-22Enforcement Action Data Entered