EPA v. PENNSYLVANIA TURNPIKE COMMISSION, COMMONWEALTH OF PA

Case summary

ON FEBRUARY 4, 1997, EPA CONDUCTED AN INSPECTION OF RESPONDENT'S QUAKERTOWN MAINTENANCE YARD, LOCATED AT 1800 JOHN FRIES HIGHWAY, ROUTE 663, QUARKERTOWN, PA 18951. THE INSPECTION WAS CONDUCTED TO DETERMINE COMPLIANCE WITH SECTION 211(K) OF THE ACT, 42 USC SECTION 7545(K) AND THE REGULATIONS ISSUED THEREUNDER 40 CFR PART 80, SUBPART D. AS A RESULT OF THE INSPECTION, EPA DETERMINED THAT RESPON- DENT'S FACILITY, WHICH IS LOCATED IN THE VOC-CONTROL REGION 2 REFORMULATED GASOLINE COVERED AREA, WAS USING CONVENTIONAL GASOLINE INSTEAD OF THE REQUIRED REFORMULATED GASOLINE. A SAMPLE OF THE GASOLINE TAKEN FROM THE PUMP HAD AN OXYGEN CONTENT OF .31 WT. PERCENT IN VIOLATION OF THE MINIMUM 1.5 WT. PERCENT STANDARD. IN ADDITION, BILLS OF LADING INDI- CATED THAT DURING JUNE 1 THROUGH SEPTEMBER 15, 1996, THE QUARKERTOWN MAINTENANCE YARD FAILED T USE GASOLINE THAT COOMPLIED WITH THE RVP STANDARD FOR A VOC-CONTROLLED REGION 2 COVERED AREA. EPA ALLEGED THAT AS THE WHOLESALE PURCHASER CONSUMER WHO SUPPLIED, STORED, DISPENSED, AND CAUSED THE TRANSPORTATION OF ANY GASOLINE FOUND TO BE IN VIOLATION, RESPONDENT WAS LIABLE FOR MULTIPLE DAYS OF VIOLATION FOR 2 VIOLATIONS OF 40 CFR SECTION 80.78(A)(1) PURSUANT TO 40 CFR SECTION 80.79(A)(1).

Defendants (1)

• PENNSYLVANIA TURNPIKE COMMISSIONNamed in complaintNamed in settlement

Facilities (1)

• QUAKERTOWN MAINTENANCE YARD

  1800 JOHN FRIES HWY, QUAKERTOWN, PA, 18951

  Registry ID: 110043647042

Statutes cited

• CAA 211 — Regulation of Fuels - Motor Vehicle and Engine Fuels

Enforcement conclusions (1)

• PENNSYLVANIA TURNPIKE COMMISSIONentered 1997-12-12

  Primary law: CAA

  Federal penalty: $10,000

Timeline (4 milestones)

• 1997-08-11Complaint Filed/Proposed Order
• 1997-12-12Final Order Issued
• 1997-12-12Enforcement Action Closed
• 1998-10-31Enforcement Action Data Entered