EPA v. PSE&G Fossil - Linden Generating Station

Case summary

Respondent in Linden, NJ is not eligible for coverage under the Audit Policy because the discovery of the violation was not voluntary. On October 1, 2010 the facility self disclosed for failure to update the Risk Management Plan (Clean Air Act requirement) regarding two stainless steel storage tanks for aqueous ammonia. The facility has a Clean Air Act Title V Permit and permit holders generally cannot certify compliance or non-compliance without first evaluating all available relevant information to determine whether violations exist. Therefore, this facility cannot claim that discovery of the violation was voluntary. Respondent corrected the violations that were disclosed in the October 1, 2010 Audit Policy request.

Defendants (1)

• PSE&G Fossil - Linden Generating StationNamed in settlement

Facilities (2)

• PSE&G LINDEN GENERATING STATION

  4001 SOUTH WOOD AVENUE, LINDEN, NJ, 070366591

  Registry ID: 110000869105

• PSE&G LINDEN GENERATING STATION

  4001 SOUTH WOOD AVENUE, LINDEN, NJ, 070366591

  Registry ID: 110000869105

Statutes cited

• CAA 502 — Operating Permits (Title V)
• CAA 112[R][7] — Prevention of Accidental Release/Risk Management Plans (RMPs)

Enforcement conclusions (1)

• PSE&G Fossil - Linden Generating Stationentered 2010-11-30

  Primary law: CAA

Timeline (3 milestones)

• 2010-11-30Enforcement Action Closed
• 2010-11-30Final Order Issued
• 2011-04-08Enforcement Action Data Entered