EPA v. PPL SERVICES CORP

Case summary

On March 31, 2003, EPA issued a Notice of Determination ( NOD ) pursuant to the Final Policy Statement on Incentives for Self-Policing: Discovery, Disclosure, Correction, and Prevention of Violations , 65 Fed. Reg. 19618 (April 11, 2000). The NOD is based on self-disclosures provided by PPL Services Corp, and its subsidiaries North Penn Gas Company and PFG Gas, Inc. (collectively known as PPL ), for violations of Sections 311 and 312 of the Emergency Planning and Community Right-to-Know Act ( EPCRA ) 42 U.S.C. Section 11021 nd 11022, and its implementing regulations at 40 C.F.R. Parts 370 and 372. The PPL facilities are located at River Rd & Rt 611, Portland, Pennsylvania and Township Rt 356, Lawrenceville, Pennsylvania. In a letter to EPA dated May 15, 2002, and in subsequent responses to EPA inquiries, PPL disclosed that its facilities had failed to submit Material Safety Data Sheets and/or Tier II Reports to the LEPC, SERC, and the local fire deparmtent for propane which ahd been stored at the Facility in quantities greater than 10,000 pounds. The total gravity-based civil penalty for these violations would be $58,000. However, PPL satisfied all of the conditions of EPA's Self-Disclosure Policy and the amount of economic benefit gained is insignifcant, EPA waived the gravity-based civil penalty for the disclosed violations

Defendants (1)

• PPL SERVICES CORPNamed in complaintNamed in settlement

Facilities (3)

• NORTH PENN GAS CO - PALMER STA

  TOWNSHIP RT 356, LAWRENCEVILLE, PA, 16929

  Registry ID: 110010270081

• PFG GAS INC

  RIVER RD & RT 611, PORTLAND, PA, 18351

  Registry ID: 110009160978

• PFG GAS INC

  RIVER RD & RT 611, PORTLAND, PA, 18351

  Registry ID: 110009160978

Statutes cited

• EPCRA 312 — Emergency and Hazardous Chemical Inventory Forms
• EPCRA 311 — Material Safety Data Sheets (MSDS)

Enforcement conclusions (1)

• PPL Services Corpentered 2003-03-31

  Primary law: EPCRA

Timeline (4 milestones)

• 2002-05-24Enforcement Action Data Entered
• 2003-03-31Final Order Issued
• 2003-03-31Enforcement Action Closed
• 2003-03-31Complaint Filed/Proposed Order