EPA v. SHELL BALTIMORE TERMINAL

Case summary

ON MAY 21, 1998, BIONETICS CONDUCTED A DIRECTED INSPECTION OF RESPONDENT'S BALTIMORE TERMINAL LOCATED AT 2400 PETROLIA AVENUE, BALTIMORE, MD. THE INSPECTION WAS CONDUCTED IN RES PONSE TO A DIRECTED INSPECTION CONDUCTED ON MAY 6, 1998, AT WHICH BIONETICS INSPECTED SEVEN (7) GASOLINE STORAGE TANKS A ND DISCOVERED THAT TWO (2) OF THE SEVEN (7) CONTAINED NON-CO MPLIANT GASOLINE. FIRST VIOLATION - TANK # 7: ON MAY 6, 199 8, CONVENTIONAL GASOLINE STORED AT RESPONDENT'S TERMINAL, IN TANK # 7 - A PREMIUM CG TANK, FAILED TO MEET THE APPLICABLE RVP STANDARD. SPECIFICALLY, THE TOP TWO (2) FEET OF GASOLI NE IN TANK # 7 HAD AN RVP OF 9.85 PSI WHICH EXCEEDS THE APPL ICABLE STANDARD OF 9.0 PSI. SECOND VIOLATION - TANK # 22: O N MAY 6, 1998, GASOLINE STORED AT RESPONDENT'S TERMINAL, IN TANK # 22 - A PREMIUM RFG UNLEADED GASOLINE TANK, FAILED TO MEET THE APPLICABLE STANDARD. SPECIFICALLY, THE TOP TWO (2) FEET OF GASOLINE IN TANK # 22 HAD A VOC EPR OF 26.8 % INSTE AD OF A MINIMUM VOC EPR OF 32.6% WT. AS THE REFINER WHO OWNED THE FACILITY WHERE THE VIOLATIONS W HERE THE VIOLATIONS WERE FOUND SHELL IS LIABLE FOR VIOLATIO N OF 40 C.F.R.  80.27(A)(2), PURSUANT TO 40 C.F.R. 80.28(A ), FOR THE FIRST VIOLATION (PROPOSED PENALTY OF $4,500) AND FOR VIOLATION OF 40 C.F.R.  80.78(A)(1), PURSUANT TO 40 C.F .R.  80.79(A)(2), FOR THE SECOND VIOLATION (PROPOSED PENALT Y $37,000.00) A SETTLEMENT AGREEMENT WAS ENTERED INTO AND RATIFIED BY EPA ON 8/22/00 WITH A SETTLEMENT OF $25,000. A COPY OF THE CHEC K WAS RECEIVED ON 10/11/00. CASE CLOSED.

Defendants (1)

• SHELL OIL COMPANYNamed in complaintNamed in settlement

Facilities (1)

• MOTIVA BALTIMORE TERMINAL

  2400 PETROLIA AVE., BALTIMORE, MD, 21226

  Registry ID: 110008432650

Statutes cited

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

Enforcement conclusions (1)

• SHELL BALTIMOREentered 2000-08-22

  Primary law: CAA

  Federal penalty: $25,000

Timeline (5 milestones)

• 1999-12-06Complaint Filed/Proposed Order
• 2000-03-02Enforcement Action Data Entered
• 2000-08-22Final Order Issued
• 2001-01-11Compliance Achieved
• 2001-01-11Enforcement Action Closed