EPA v. PUBLIC SERVICE COMPANY OF NEW MEXICO

Case summary

1. PURSUANT TO THE TOXIC SUBSTANCES CONTROL ACT ( TSCA ), 15 U.S.C. SEC. 2601 ET SEQ. 2. PUBLIC SERVICE COMPANY OF NEW MEXICO ALVARADO SQUARE ALBUQUERQUE, NEW MEXICO 87158 3. PSCNM HAS VIOLATED THE REGULATIONS PROMULGATED PURSUANT TO TSCA ON TWO COUNTS: COUNT 1 - RESPONDENT FAILED TO SUBMIT A FORM U FOR THE CHEMICALS LISTED IN THE COMPLAINT, A VIOLATION OF 40 C.F.R. SEC. 710.33(B), A RULE PROMULGATED UNDER SECTION 8(A) OF TSCA, AND THEREBY CON- STITUTES A VIOLATION OF SECTION 15(3)(B) OF TSCA, 15 U.S.C. SEC. 2614 (AVALON PLANT). COUNT 2 - RESPONDENT FAILED TO SUBMIT A FORM U FOR THE CHEMICALS LISTED IN THE COMPLAINT, A VIOLATION OF THE REGULATIONS LISTED ABOVE (INDIAN HILL AMINE PLANT). 4. RELIEF SOUGHT UNDER SECTION 16 OF TSCA, A PROPOSED PEN- ALTY OF $36,000.00 FOR VIOLATIONS AT THE AVALON PLANT (COUNT 1) AND A PROPOSED PENALTY OF $6,000.00 FOR VIO- LATIONS AT THE INDIAN HILLS AMINE PLANT (COUNT 2) FOR A TOTAL OF $42,000.00.

Defendants (1)

• PUBLIC SERVICE COMPANY OF NEW MEXICONamed in complaintNamed in settlement

Facilities (3)

• PUBLIC SVC CO OF NM

  ALVARADO SQUARE, ALBUQUERQUE, NM, 87158

  Registry ID: 110012157423

• PUBLIC SVC CO OF NM

  ALVARADO SQUARE, ALBUQUERQUE, NM, 87158

  Registry ID: 110012157423

• PUBLIC SVC CO OF NM

  ALVARADO SQUARE, ALBUQUERQUE, NM, 87158

  Registry ID: 110012157423

Statutes cited

• TSCA 8A — Failure To Comply With Preliminary Assessment Inf. Reporting & Chemical Specific Recordkeeping Rules
• TSCA 153B — Toxic Sub Control Act

Enforcement conclusions (1)

• PUBLIC SERVICE COMPANY OF NEW MEXICOentered 1995-02-07

  Primary law: TSCA

  Federal penalty: $4,000

Timeline (5 milestones)

• 1994-06-24Complaint Filed/Proposed Order
• 1994-08-31Enforcement Action Data Entered
• 1995-02-07Final Order Issued
• 1995-03-03Compliance Achieved
• 1995-09-12Enforcement Action Closed