EPA v. BREAKTIME MANAGEMENT, INC.

Case summary

THIS CASE IS ONE OF THIRTEEN 913) INDIVIDUAL SETTLEMENTS ENTERED INTO PURSUANT TO AN EXPEDITED SETTLEMENT AGREEMENT (“ESA”) STRATEGY APPROVED BY OECA TO ADDRESS VIOLATIONS OF CLEAN AIR ACT STAGE I AND STAGE II VAPOR RECOVERY STANDARDS, WHICH ARE FEDERALLY ENFORCEABLE THROUGH THE PENNSYLVANIA STATE IMPLEMENTATION PLAN (“SIP”), AT GAS STATIONS IN PHILADELPHIA, PA AND SURROUNDING COUNTIES. SPECIFIC VIOLATIONS INCLUDED FAILURE TO MAINTAIN VAPOR RECOVERY EQUIPMENT AND ENSURE THAT UNCOVERED GASOLINE WAS REMOVED AND/OR COVERED, AND RECORD KEEPING AND LABELING VIOLATIONS. PURSUANT TO THE EXPEDITED SETTLEMENT STRATEGY, EACH VIOLATING FACILITY WAS SENT A STREAMLINED SUPER CAFO WHICH SETS FORTH ALLEGED VIOLATIONS AND A PROPOSED CIVIL PENALTY. THE PENALTIES FOR EACH CASE WERE CALCULATED WITH CONSIDERATION OF THE PENALTY ASSESSMENT CRITERIA SET FORTH IN SECTION 113(e) OF THE CLEAN AIR ACT, 42 U.S.C. SUBSECTION 7413(e), AND EPA’S OCTOBER 25, 1991 CLEAN AIR ACT STATIONARY SOURCE CIVIL PENALTY POLICY, TOGETHER WITH THE ESA STRATEGY, ASSESSED PENALTIES RANGED FROM $5OO TO $1,OOO PER FACILITY.

Defendants (2)

• F - BP/AMOCO (SB)Named in complaintNamed in settlement
• BREAKTIME MANAGMENT, INC.Named in complaintNamed in settlement

Facilities (1)

• BREAKTIME MANAGEMENT, INC.

  3611 N. EASTON ROAD, DOYLESTOWN, PA, 18902

  Registry ID: 110032622712

Statutes cited

• CAA 110 — Implementation Plan for National Primary and Secondary Ambient Air Quality Standards

Enforcement conclusions (1)

• BREAKTIME MANAGEMENT, INC.entered 2007-09-28

  Primary law: CAA

  Federal penalty: $750

Timeline (3 milestones)

• 2007-09-28Final Order Issued
• 2007-09-28Complaint Filed/Proposed Order
• 2007-10-03Enforcement Action Data Entered