EPA v. EXELON GENERATION CO LLC

Case summary

On May 27, 2004, EPA Region III issued an administrative complaint to Exelon Generation Company, LLC ( Exelon ), seeking a total penalty of $55,002.00 for violations of Sections 304(b) and 304(c) of EPCRA, 42 U.S.A. Section 11004(b) and 11004(c). Exelon failed to notify the SERC, and the LEPC immediately following a release of approximately 4400 pounds of sulfur dioxide from its facility in Eddystone, Pennsylvania on December 7, 2002. In addition, the company did not submit follow-up reports regarding the December 7th release to the SERC and LEPC until approximately 33 days after the release, thereby violating the requirement in Section 304(c) of EPCRA, 42 U.S.C. Section 11004(c), that follow-up reports be submitted as soon as practicable. Exelon's failure to report the December 7, 2002 release of sulfur dioxide immediately to the SERC, and the LEPC, and its failure to submit follow-up reports to the SERC and LEPC as soon as practicable, undermined the reporting systems under EPCRA, which are designed to enable federal, state, and local authorities to respond to chemical releases from facilities in their communities.

Defendants (1)

• EXELON GENERATION CO LLCNamed in complaintNamed in settlement

Facilities (1)

• EDDYSTONE GENERATING STATION

  1 INDUSTRIAL HWY, EDDYSTONE, PA, 190220000

  Registry ID: 110000817493

Statutes cited

• EPCRA 304 — Emergency Release Notification Section 313 Program

Enforcement conclusions (1)

• EXELON GENERATION CO LLCentered 2004-08-25

  Primary law: EPCRA

  Federal penalty: $35,750

Timeline (4 milestones)

• 2004-04-22Enforcement Action Data Entered
• 2004-05-27Complaint Filed/Proposed Order
• 2004-08-25Final Order Issued
• 2004-09-20Enforcement Action Closed