EPA is requesting that the Department of Justice seek a court order enforcing two orders issued pursuant to Section 113(a)(3)(B) of the Clean Air Act to the Defendant, ordering compliance at both its Rio Piedras and Aguadilla facilities. A previously issued EPA Order required the Defendant to take specific steps to come into compliance with the Risk Management Plan requirements and General Duty Clause at its facility in Rio Piedras. A similar Order required the Defendant to come into compliance with the General Duty Clause at its Aguadilla facility. The Defendant has refused or failed to comply with both Orders. Seeking injunctive relief to address additional safety concerns discovered during May 2009 inspections of the Aguadilla facility, penalties for violations of both the Rio Piedras Order and the Aguadilla Order, and penalties for the underlying CAA violations which initially led to the issuance of the orders.
The CD resolves violations of Sections 112(r)(1) and 112(r)(7) of the CAA at its facilities in Rio Piedras and Aguadilla, Puerto Rico. The terms of the Consent Decree require payment of a civil penalty; compliance with 85 facility-specific release prevention requirements, and performance of supplemental environmental projects.