EPA v. COLUMBIA PETROLEUM

Case summary

RESPONDENT FAILED TO FILE FORM RS PURSUANT TO SECTION 313 OF EPCRA, 42 U.S.C. SECTION 11023 FOR TWELVE CHEMCIALS THAT ARE COMPONENTS OF A FUEL OIL MIXTURE THAT IS PROCESSED BY RESPONDENT AT TWO FACILITIES LOCATED IN PENNSYLVANIA, SINKING SPRINGS AND LANCASTER. RESPONDENT DISCOVERED THE VIOLATIONS ON JANUARY 10, 2000 THROUGH AN ENVIRONMENTAL AUDIT AND NOTIFIED EPA BY LETTER DATED JANUARY 28, 2000 THAT SEVEN OF ITS FACILITIES FAILED TO FILE FORMS RS FOR CALENDAR YEAR 1998 BY JULY 1, 1999. HOWEVER, FIVE OF THE SEVEN FACILITIES ARE NOT SUBJECT TO THE EPCRA SECTION 313, 42 U.S.C. 11023, REPORTING REQUIREMENTS BECAUSE THEY DID NOT HAVE 10 MORE FULL-TIME EMPLOYEES DURING THE RELEVANT TIME PERIOD. RESPONDENT'S DISCLOSURE MEETS ALL OF THE CONDITIONS OF THE SELF-DISCLOSURE POLICY AND THE VIOLATIONS WERE CORRECTED WITHIN 60 DAYS OF RESPONDENT'S DISCLSOURE OF EPA. THEREFORE, RESPONDENT QUALIFIES FOR 100% REDUCTION IN THE GRAVITY-BASED COMPONENT OF THE CIVIL PENALTY FOR THE VIOLATIONS, $112,209, AND NO SIGNIFICANT ECONOMIC BENEFIT HAS ACCRUED TO RESPONDENT AS A RESULT OF THIS NON-COMPLIANCE CONCERNING THESE VIOLATIONS. THEREFORE, EPA WILL NOT ASSESS A PENALTY AGAINST RESPONDENT FOR THESE VIOLATIONS.

Defendants (1)

• COLUMBIA PETROLEUMNamed in complaintNamed in settlement

Facilities (2)

• MECHANICSBURG TERMINAL

  34 SINCLAIR ROAD, MECHANICSBURG, PA, 17055

  Registry ID: 110001014189

• CARLOS R LEFFLER INCORPORATED LANCASTER

  669 ROSS ST., LANCASTER, PA, 17602

  Registry ID: 110000492315

Statutes cited

• EPCRA 313 — Toxic Chemical Release Reporting (TRI)

Enforcement conclusions (1)

• COLUMBIA PETROLEUM CORPORATIONentered 2000-09-28

  Primary law: EPCRA

Timeline (4 milestones)

• 2000-06-13Enforcement Action Data Entered
• 2000-09-28Complaint Filed/Proposed Order
• 2000-09-28Final Order Issued
• 2000-09-28Enforcement Action Closed