EPA v. SMO INC, (SHELL STATION 601 LUZERNE)

Case summary

ON OR ABOUT AUGUST 8, 2008, EPA REGION III EFFECTUATED THE ABOVE CAPTIONED SETTLEMENTS UNDER 113 OR THE CAA. THE CONSENT ORDERS ARE EACH A PART OF A �SUPER� CONSENT AGREEMENT AND FINAL ORDERS (�SUPER CAFO�) WHICH WAS DEVELOPED BY EPA REGION III TO FORMALIZE INDIVIDUAL SETTLEMENTS PURSUANT TO AN EXPEDITED SETTLEMENT AGREEMENT (�ESA�) STRATEGY. SPECIFICALLY, THE VIOLATIONS BEING SETTLED ARE OF MARYLAND REGULATIONS WHICH CONTAIN THE REQUIREMENTS FOR GAS STATIONS SUBJECT TO THE CLEAN AIR ACT�S STAGE I AND II VAPOR RECOVERY PROGRAMS, WHICH ARE FEDERALLY ENFORCEABLE THROUGH THE MARYLAND STATE IMPLEMENTATION PLAN. PURSUANT TO THE ESA, EACH VIOLATING FACILITY WAS SENT A STREAMLINED SUPER CAFO WHICH SETS FORTH ALLEGED VIOLATIONS AND A PROPOSED CIVIL 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.

Defendants (1)

• NICHOLES FILLNamed in complaintNamed in settlement

Facilities (1)

• NICHOLAS FLEET STREET SHELL

  601 S LUZERNE AVE, BALTIMORE, MD, 21224

  Registry ID: 110003548288

Statutes cited

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

Enforcement conclusions (1)

• SMO INC, (SHELL STATION 601 LUZERNE)entered 2008-08-20

  Primary law: CAA

  Federal penalty: $1,000

Timeline (3 milestones)

• 2008-08-20Complaint Filed/Proposed Order
• 2008-08-20Final Order Issued
• 2008-09-03Enforcement Action Data Entered