On December 2, 2013, the United States Environmental Protection Agency (EPA) conducted a Data Quality inspection at the facilities to determine regulatory compliance regarding the filing of Toxic Chemical Release Inventory (TRI) Form R reports under Section 313 of the Emergency Planning and Community Right-to-Know Act (EPCRA). These reports are due July 1 of each year for each listed TRI chemical that exceeds the manufactured, processed or otherwise used threshold. Subsequent to the inspection, it was determined the Respondent should have filed Toxic Release Inventory (TRI) Form R reports for hydrochloric acid (acid aerosols) (HCL) for the following facilities:
Aquirre Power Generation Complex reporting years 2010, 2011 and 2012
Palo Seco Steam Plant reporting year 2010
South Coast Power Plant reporting years 2010, 2011 and 2012.
The proposed penalty was $165,100. In consideration of the Respondent's poor financial condition, the case was settled for $37,500.