EPA v. VOLVO TRUCKS NORTH AMERICA, INC

Case summary

ON MAY 8, 2004, EPA ISSUED A CONSENT AGREEMENT AND FINAL ORDER ( CAFO ) 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 CAFO IS BASED ON SELF-DISLOSURES PROVIDED BY VOLVO TRUCKS NORTH AMERICA, INC. ( VTNA ), FOR VIOLATIONS OF SECTION 3002 OF THE RESOURCE CONSERVATION RECOVERY ACT ( RCRA ), 42 U.S.C. 6922 AND ITS IMPLEMENTING REGULATIONS AT 40 C.F.R. PART 265. THE VTNA FACILITY ISI LOCATED AT NEW RIVER VALLEY PLANT IN DUBLIN, VIRGINIA ( FACILITY ). IN A LETTER TO EPA DATED NOVEMBER 12, 2002, AND IN SUBSEQUENT LETTERS TO EPA, VTNA DISCLOSED THAT THE FACILITY HAD POTENTIAL RCRA VIOLATIONS SPECIFICALLY, VTNA FAILED TO MAINTAIN CERTIFICATION OF DESIGN OF TANK SYSTEM ANCILLARY EQUIPMENT IN VIOLATION OF 40 C.F.R. SECTION 265.192(a); FAILED TO PROVIDE SECONDARY CONTAINMENT FOR ANCILLARY TANK EQUIPMENT IN VIOLATION OF 40 C.F.R. SECTION 265.193(f); FAILED TO ENSURE PROPER USE OF SPILL CONTROL/OVERFILL ALARMS FOR ANCILLARY TANK EQUIPMENT IN VIOLATION OF 40 C.F.R. SECTION 265.194(b); FAILED TO CONDUCT DAILY INSPECTIONS OF TANK SYSTEM COMPONENTS IN VIOLATION OF 40 C.F.R. SECTION 265.195(a) AND (c) FAILED TO MONTHLY MONITOR VALVES AND PUMPS ON ITS PURGE RECOVERY SYSTEM IN VIOLATION OF 40 C.F.R. SECTION 265.1052 AND 40 C.F.R. SECTION 265.1057; FAILED TO MAINTAIN A SCHEMATIC DIAGRAM OF PAINT/PURGE SYSTEM IN VIOLATION OF 40 C.F.R. 265.1064(b); FAILED TO FULLY ASSESS THE APPLICABILITY OF SUBPART BB IN VIOLATION OF 40 C.F.R. 265.1064(k)(3). THE TOTAL GRAVITY-BASED CIVIL PENALTY FOR THESE VIOLATIONS WOULD BE $57,742. HOWEVER, VTNA SATISFIED ALL OF THE CONDITIONS OF EPA'S SELF-DISCLOSURE POLICY AND EPA WAIVED THE GRAVITY-BASED CIVIL PENALTY FOR THE DISCLOSED VIOLATIONS. AS PROVIDED FOR IN THE POLICY, EPA MAY ASSESS AN ECONOMIC BENEFIT, IF IT IS WARRANTED, AS IN THIS CASE. THE ECONOMIC BENEFIT PENALTY WAS ASSESSED AT $10,539

Defendants (1)

• VOLVO TRUCKS NORTH AMERICA, INCNamed in complaintNamed in settlement

Facilities (1)

• VOLVO TRUCKS NORTH AMERICA, INC

  4881 COUGAR TRAIL RD, DUBLIN, VA, 24084

  Registry ID: 110000343101

Statutes cited

• RCRA 3002 — Standards Applicable to Generators of Hazardous Waste

Enforcement conclusions (1)

• VOLVO TRUCKS NORTH AMERICA, INCentered 2004-04-08

  Primary law: RCRA

  Federal penalty: $10,539

Timeline (4 milestones)

• 2004-01-13Enforcement Action Data Entered
• 2004-04-08Complaint Filed/Proposed Order
• 2004-04-08Final Order Issued
• 2004-04-21Enforcement Action Closed