EPA v. Puerto Rico Electric Power Authority

Case summary

On December 2, 2013, the United States Environmental Protection Agency (EPA) conducted a Data Quality inspection at the facilities to determine regulatory compliance regarding the filing of Toxic Chemical Release Inventory (TRI) Form R reports under Section 313 of the Emergency Planning and Community Right-to-Know Act (EPCRA). These reports are due July 1 of each year for each listed TRI chemical that exceeds the manufactured, processed or otherwise used threshold. Subsequent to the inspection, it was determined the Respondent should have filed Toxic Release Inventory (TRI) Form R reports for hydrochloric acid (acid aerosols) (HCL) for the following facilities: Aquirre Power Generation Complex reporting years 2010, 2011 and 2012 Palo Seco Steam Plant reporting year 2010 South Coast Power Plant reporting years 2010, 2011 and 2012. The proposed penalty was $165,100. In consideration of the Respondent's poor financial condition, the case was settled for $37,500.

Defendants (1)

• Puerto Rico Electric Power AuthorityNamed in complaintNamed in settlement

Facilities (3)

• PREPA - AGUIRRE GENERATING COMPLEX

  PR ROUTE NO. 3, MONTE SORIA, SALINAS, PR, 00704

  Registry ID: 110000307800

• GENERA PR SOUTH COAST POWER PLANT

  PR ROUTE NO 127 KM 15.7, GUAYANILLA, PR, 00656

  Registry ID: 110009309596

• GENERA PALO SECO STEAM PLANT

  ROUTE 165, KM. 3.9, TOA BAJA, PR, 00936

  Registry ID: 110000607950

Statutes cited

• EPCRA 313 — Toxic Chemical Release Reporting (TRI)

Enforcement conclusions (1)

• Puerto Rico Electric Power Authorityentered 2015-05-26

  Primary law: EPCRA

  Federal penalty: $37,500

Timeline (4 milestones)

• 2015-05-26Final Order Issued
• 2015-05-26Enforcement Action Closed
• 2015-05-26Complaint Filed/Proposed Order
• 2015-06-07Enforcement Action Data Entered