EPA v. BAKER PETROLITE CORPORATION

Case summary

THE REGIONAL JUDICIAL OFFICER SIGNED A FINAL ORDER ON JANUARY 30, 2014, ACCEPTING THE CONSENT AGREEMENT WITH BAKER PETROLITE CORPORATION, THE OPERATOR OF A CHEMICAL STORAGE AND DISTRIBUTION FACILITY SERVING THE NATURAL GAS INDUSTRY LOCATED AT 40 RUTHERFORD ROAD IN BRADFORD, MCKEAN COUNTY, PENNSYLVANIA. THE CONSENT AGREEMENT COMMENCES AND SETTLES ALLEGED VIOLATIONS OF CAA SECTION 112(r)(1), WHICH CONCERNS BAKER PETROLITE'S FAILURE TO SAFELY STORE FLAMMABLE CHEMICALS IN A WAREHOUSE WITHOUT FIRE PROTECTION. EPA DETERMINED THAT THESE STORAGE AND DESIGN FAILURES CONSTITUTED VIOLATIONS OF THE GENERAL DUTY CLAUSE. ON APRIL 19, 2011, EPA ISSUED ADMINISTRATIVE ORDER, EPA DOCKET NO. CAA-03-2011-0155DA, WHICH REQUIRED RESPONDENT TO ADDRESS THE ALLEGED VIOLATIONS OF THE GENERAL DUTY CLAUSE. RESPONDENT SATISFIED ITS OBLIGATIONS UNDER THE ORDER BY MOVING ITS FACILITY TO A NEW LOCATION IN CUSTER CITY, PENNSYLVANIA, AND ON JULY 26, 2012, EPA TERMINATED THE ORDER. IN SETTLEMENT OF THE CAA VIOLATION, RESPONDENT AGREED TO TOTAL PENALTY OF $56,922, CONSISTING OF A CASH PENALTY OF $22,642 AND THE PERFORMANCE OF A SUPPLEMENTAL ENVIRONMENTAL PROJECT COSTING $42,850 AND VALUED AT $34,280. THE SEP INVOLVES THE INSTALLATION OF A TRAINING FACILITY FOR THE TRI-COUNTY FIRE SCHOOL IN SMETHPORT, PENNSYLVANIA, TO ENABLE FIRST RESPONDERS TO PRACTICE CONTROLLING FIRES AT OIL AND GAS WELL HEADS.

Defendants (1)

• BAKER PETROLITE CORPORATIONNamed in complaintNamed in settlement

Facilities (1)

• BAKER PETRLITE CORPORATION - BRADFORD

  40 RUTHERFORD RUN, BRADFORD, PA, 16701

  Registry ID: 110000565120

Statutes cited

• CAA 112R — General Duty/Accidental Release
• CAA 112[R][1] — Prevention of Accidental Release/General Duty Clause

Enforcement conclusions (1)

• BAKER PETROLITE CORPORATIONentered 2014-01-30

  Primary law: CAA

  Federal penalty: $22,642 · SEP: $42,850

Timeline (3 milestones)

• 2014-01-30Final Order Issued
• 2014-01-30Complaint Filed/Proposed Order
• 2014-02-06Enforcement Action Data Entered