EPA v. Venture Coke Company, L.L.C (Venco)

Case summary

On December 29, 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 Venture Coke Company L.L.C. ( Venco ), for violations of Sections 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 at its facility located at the State Route 2 South, Moundsville, West Virginia. In a letter to EPA dated June 20, 2003, and in a subsequent responses to EPA inquiries Venco disclosed that the Facility had failed to submit Toxic Chemical Release Inventory Forms (Forms A and/or Forms R ) for lead compounds (2001); polycyclic aromatic compounds (PACs) (2000, 2001); benzo (g,h,i,) perylene (2001); nickel compounds (1998 - 2001); and vanadium compounds (2000, 2001), as required by Section 313 of EPCRA, 42 U.S.C. �� 11023. The total gravity-based civil penalty for these violations would be $111,100. However, Venco satisfied all of the conditions of EPA's Self-Disclosure Policy and the amount of economic benefit gained is insignificant, EPA waived the gravity-based civil penalty for the disclosed violations

Defendants (1)

• Venture Coke Company, L.L.C (Venco)(SB)Named in complaintNamed in settlement

Facilities (1)

• VENTURE MOUNDSVILLE CALCINING PLANT

  STATE RTE 2 SOUTH, MOUNDSVILLE, WV, 26041

  Registry ID: 110056973486

Statutes cited

• EPCRA 313 — Toxic Chemical Release Reporting (TRI)

Enforcement conclusions (1)

• VENTURE COKE COMPANY, LLC (VENCO)entered 2003-12-29

  Primary law: EPCRA

Timeline (3 milestones)

• 2003-06-30Enforcement Action Data Entered
• 2003-12-29Enforcement Action Closed
• 2003-12-29Final Order Issued