EPA v. SUNOCO, INC

Case summary

On August 25, 2004, Region III filed an Administrative Complaint and Notice of Opportunity for Hearing against Sunoco, Inc. (R&M), under Section 109 of CERCLA and Section 325 of EPCRA. The Complaint is based on Sunoco���s failure to comply with the notification and reporting requirements of Section 103(a) of CERCLA and Sections 304(b) and (c) of EPCRA. The chemicals of concern include benzene and sulfur dioxide. All violations occurred at Sunoco���s Point Breeze Plant located at 3144 Passyunk Avenue in Philadelphia Pennsylvania. The Region has been working with the NRC, SERC, and LEPC in investigating these violations. On March 7, 2005, ALJ's office simulatenously approves motion to amend complaint and consent agreement. On August 25, 2004, the Region filed an administrative complaint against Sunoco, Inc., for violations of Section 103 of CERCLA and Section 304 of EPCRA regarding venzene and sulfur dioxide. The violations occurred at Sunoco's Philadelphia Refinery located on Passyunk Avenue in Philadelphia, PA. The violations surrounded Sunoco's failure to immediately notify the NRC, SERC, and LEPC following the releases. The Motion to Amend the complaint was filed to delete the benzene count due to the petroleum exclusion and to add three additionial counts for the release of nitrogen oxides. The parties have agreed to settle this matter for a cash payment of 49,156.00. CERCLA proposed penalty - $17,188.00 EPCRA proposed penalty - $158,130.00 Total of $175,318.00

Defendants (1)

• SUNOCO, INCNamed in complaintNamed in settlement

Facilities (4)

• SUNOCO INCORPORATED REFINING AND MARKETING PHILADELPHIA REFINERY

  3144 PASSYUNK AVE., PHILADELPHIA, PA, 19145

  Registry ID: 110000336994

• SUNOCO INCORPORATED REFINING AND MARKETING PHILADELPHIA REFINERY

  3144 PASSYUNK AVE., PHILADELPHIA, PA, 19145

  Registry ID: 110000336994

• SUNOCO INCORPORATED REFINING AND MARKETING PHILADELPHIA REFINERY

  3144 PASSYUNK AVE., PHILADELPHIA, PA, 19145

  Registry ID: 110000336994

• SUNOCO INCORPORATED REFINING AND MARKETING PHILADELPHIA REFINERY

  3144 PASSYUNK AVE., PHILADELPHIA, PA, 19145

  Registry ID: 110000336994

Statutes cited

• CERCLA 103A — Notification of Hazardous Reportable Quantity Release
• EPCRA 304 — Emergency Release Notification Section 313 Program

Enforcement conclusions (1)

• SUNOCO, INCentered 2005-03-21

  Primary law: EPCRA

  Federal penalty: $49,156

Timeline (4 milestones)

• 2004-05-17Enforcement Action Data Entered
• 2004-08-25Complaint Filed/Proposed Order
• 2005-03-07Amended Complaint
• 2005-03-21Final Order Issued