EPA v. Earlham College (Richmond) NOD

Case summary

On 8/26/2010, Earlham College submitted an Initial Disclosure Report that disclosed 169 violations. On 5/5/2011, Earlham submitted a Final Compliance Report that described the actions taken to correct these violations. Based upon the information submitted, EPA calculated a civil penalty in the following amounts: RCRA = $1,034,745; TSCA/PCB = $69,430; TSCA/Lead = $196,020; CWA 311/SPCC = $33,881; FIFRA = $43,600 and EPCRA 312 = $46.679. The total civil penalty amount = $1,424,355. The EPA has concluded that Earlham College has satisfied each of the nine conditions Earlham College self-disclosed the following violations: (1) failure to determine if emissions from the college required a permit; and (2) failure to maintain records of refrigerant additions and recovery when servicing equipment. Upon further investigation by Earlham, the college determined that the emissions did not require a permit. The college is subject to the permit by rule provisions. Regarding the records of refrigerant additions, the college was able to find the records at issue and so there was technically no violation for failure to maintain records. Nevertheless, Earlham has made changes to its recordkeeping system to ensure the refrigerant additions are recorded as required by 40 CFR Part 82. This was a multi-media self disclosure and the Notice of Determination was signed July 5, 2012. The entire gravity component portion of the penalty was waived. set forth in the Self Disclosure Policy and has consequently granted a 100% reduction in the gravity-based component of the civil penalty. EPA further concluded that Earlham did not obtain a significant economic benefit from its tardy compliance.

Defendants (1)

• Earlham College (Richmond, IN)Named in complaintNamed in settlement

Facilities (1)

• EARLHAM COLLEGE

  801 NATIONAL ROAD WEST, RICHMOND, IN, 47374

  Registry ID: 110003123110

Statutes cited

• CAA 608 — National Recycling & Emission Reduction Program
• CWA 311J — SPCC and/or Federal Response Plan Violations
• FIFRA 12A2G — Misuse
• CAA 110 — Implementation Plan for National Primary and Secondary Ambient Air Quality Standards
• EPCRA 312 — Emergency and Hazardous Chemical Inventory Forms

Enforcement conclusions (1)

• Earlham College (Richmond) NODentered 2012-07-05

  Primary law: EPCRA

Timeline (3 milestones)

• 2012-07-05Enforcement Action Closed
• 2012-07-05Final Order Issued
• 2012-07-11Enforcement Action Data Entered