EPA v. Hirschman Propane, Inc. (Reese MI) ESA

Case summary

On October 5, 2014, EPA issued to Hirschman Propane Inc. an EPCRA request for information to gather more facts about two propane tanks located in Reese MI. Hirschman Propane sells propane with four employees and $2,445,802 in annual sales. Hirschman Propane, Inc. has a capacity of 60,000 gallons and would not exceed 85% for a total capacity of 51,000 gallons. The weight of propane is 4.24.pounds per gallon. The maximum amount at any time in a calendar year would be 51,000 gallons X 4.24 pounds per gallon = 216,240 pounds. This is 21.624 times the 10,000 pound minimum threshold level. Hirschman propane has submitted Tier II forms to the SERC dated January 27, 2015 for calendar year 2014. Hirschman Propane started using the first propane tank on November 2, 1998, and the second propane tank on September 10,2004. Respondent failed to timely submit a completed hazardous chemical inventory form (Tier 1 or 2) for calendar years 2011-2013 as required by Section 312 of EPCRA. In consideration for factors considered, EPA and Respondent agreed on an appropriate civil penalty of $2,000.00.

Defendants (1)

• Hirschman PropaneNamed in complaintNamed in settlement

Facilities (1)

• HIRSCHMAN PROPANE, INC.

  2695 W. VASSAR, REESE, MI, 48757

  Registry ID: 110062626127

Statutes cited

• EPCRA 312 — Emergency and Hazardous Chemical Inventory Forms

Enforcement conclusions (1)

• Hirschman Propane, Inc. (Reese MI) ESAentered 2015-08-26

  Primary law: EPCRA

  Federal penalty: $2,000

Timeline (5 milestones)

• 2015-08-26Final Order Issued
• 2015-08-26Enforcement Action Closed
• 2015-08-26Complaint Filed/Proposed Order
• 2015-08-26Pipeline Closed
• 2015-08-27Enforcement Action Data Entered