EPA v. NATIONAL RAILROAD PASSENGER CORPORATION (AMTRAK)

Case summary

1. VOLUNTARY DISCLOSURE PURSUANT TO THE EPA'S POLICY GUID- ANCE, INCENTIVES FOR SELF-POLICING: DISCOVERY, DISCLOS- URE, CORRECTION AND PREVENTION OF VIOLATION. 2. NATIONAL RAILROAD PASSENGER CORPORATION (AMTRAK) NEW ORLEANS MAINTENANCE FACILITY 1001 LOYOLA AVENUE NEW ORLEANS, ORLEANS PARISH, LOUISIANA 70113 3. RESPONDENT, UNDER THE SELF-POLICING POLICY, DISCLOSED VIOLATIONS OF SECTION 110 OF THE CAA - FAILURE TO PREPARE AND PERIODICALLY UPDATE A COMPREHENSIVE FACILITY AIR E- MISSIONS INVENTORY, AND FAILURE TO INCLUDE ALL INSIGNIFI- CANT ACTIVITIES WITH THE PERMIT APPLICATIONS; SECTION 311(J) OF THE CWA - INADEQUQTE OR INCOMPLETE SPCC PLAN, FAILURE TO TRAIN ALL PERSONNEL ON SPCC ISSUES, FAILURE TO TEST THE INTEGRITY OF TWO TANKS, AND FAILURE TO PERFORM QUARTERLY INSPECTIONS OF ALL TANKS, CONTAINMENT AND PIP- ING; AND SECTION 301 OF THE CWA - VIOLATING THE TERMS AND CONDITIONS OF ITS PERMIT, AND FAILING TO USE BEST MANAGE- MENT PRACTICES AT THE FACILITY. 4. RELIEF SOUGHT PURSUANT TO THE SELF-POLICING POLICY, EPA WILL REVIEW THE RESPONDENT'S DISCLOSURE, CORRECTION AND PREVENTION OF RECURRENCE, AND PAST COMPLIANCE HISTORY AND MAKE A DETERMINATION AS TO THE RESPONDENT'S QUALIFICATION TO THE SELF-POLICING POLICY AND IF EPA WILL SEEK GRAVITY- BASED PENALTIES OR NOT. 5. OTHER PROGRAM CONTACTS: KARA MCCOY - CAA THEA LOMAX - NPDES ROBERTO BERNIER - SPCC

Defendants (1)

• NATIONAL RAILROAD PASSENGER CORPORATIONNamed in settlement

Facilities (1)

• NATL RAILROAD PASSENGER CORP (AMTRAK)

  1001 LOYOLA AVE, NEW ORLEANS, LA, 70113

  Registry ID: 110010757653

Statutes cited

• CWA 311J — SPCC and/or Federal Response Plan Violations
• CWA 301 — NPDES Discharge without a Permit
• CAA 110 — Implementation Plan for National Primary and Secondary Ambient Air Quality Standards

Enforcement conclusions (1)

• NATIONAL RAILROAD PASSENGER CORPORATION (AMTRAK)entered 2010-06-16

  Primary law: CAA

Timeline (4 milestones)

• 2002-02-15Complaint Filed/Proposed Order
• 2002-03-25Enforcement Action Data Entered
• 2010-06-16Final Order Issued
• 2010-06-16Enforcement Action Closed