EPA v. General Electric Co (GE Transportation Systems)

Case summary

On September 25, 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 General Electric Transportation Systems ( GETS ) for violations of Section 313 of the Emergency Planning and Community Right-to-Know Act ( EPCRA ), 42 U.S.C. ��11023 and its implementing regulations at 40 C.F.R. Part 372. The facilities are located at 2901 East Lake Road, Erie, PA and 1503 W. Main Street, Grove City, PA. In letters dated May 14, 2003 and July 16, 2003 to EPA, GETS disclosed that it had failed to submit Toxic Release Inventory Forms ( Form Rs ) for Methyl ethyl ketone, Mercury compounds, N-butyl alcohol, Toluene, and Xylene for the calendar year 2000, and Polycyclic aromatic compounds, Toluene, Mercury compounds, and Lead compounds for the calendar year 2001, at the Erie, PA facility, and for Lead compounds for the calendar year 2001, at the Grove City, PA facility. GETS also self-disclosed data quality violations at the Erie, PA facility. GETS underestimated its air emissions for Methyl ethyl ketone for calendar years 1999 and 2001; for N-butyl alcohol and Xylene for calendar year 2001; and for 1,2,4 trimethyl benzene for calendar year 2000. In addition, GETS disclosed numerous reporting errors for other chemicals for calendar years 1998 through 2001. However, these errors are too insignificant to assess a penalty. The total gravity-based civil penalty for these violations would be $250,800. Since GETS satisfied all of the conditions of EPA's Self-Disclosure Policy and the amount of economic benefit gained was insignificant, EPA waived the gravity-based civil penalty for the disclosed violations

Defendants (1)

• General Electric Co (GE Transportation Systems)Named in complaintNamed in settlement

Facilities (3)

• GENERAL ELECTRIC CO REMFG OPN

  2125 EAST 12TH ST, ERIE, PA, 16531

  Registry ID: 110022800049

• GENERAL ELECTRIC COMPANY - GE TRANSPORTATION SYSTEM

  1503 W MAIN STREET, GROVER CITY, PA, 16127

  Registry ID: 110059901307

• GENERAL ELECTRIC COMPANY - GE TRANSPORTATION SYSTEM

  1503 W MAIN STREET, GROVER CITY, PA, 16127

  Registry ID: 110059901307

Statutes cited

• EPCRA 313 — Toxic Chemical Release Reporting (TRI)

Enforcement conclusions (1)

• GENERAL ELECTRIC TRANSPORATION SYSTEMSentered 2003-09-25

  Primary law: EPCRA

Timeline (4 milestones)

• 2003-05-29Enforcement Action Data Entered
• 2003-09-25Final Order Issued
• 2003-09-25Enforcement Action Closed
• 2003-09-25Complaint Filed/Proposed Order