THIS CASE IS ONE OF THITEEN (13) INDIVIDUAL SETTLEMENTS ENTERED INTO PURSUANT TO AN EXPEDITED SETTLEMENT AGREEMENT ( ESA ) STRATEGY APPROVED BY OECA TO ADDRESS VIOLATIONS OF CLEAN AIR ACT STAGE I AND STAGE II VAPOR RECOVERY STANDARDS, WHICH ARE FEDERALLY ENFORCEABLE THROUGH THE PENNSYLVANIA SATE IMPLEMENTATION PLAN ('SIP ), AT GAS STATIONS IN PHILADLEPHIA, PA AND SURROUNDING COUNTIES. SPECIFIC VIOLATIONS INCLUDED FAILURE TO MAINTAIN VAPOR RECOVERY EQUIPMENT AND ENSURE THAT UNCOVERED GASOLINE WAS REMOVED AND/OR COVERED, AND RECORDKEEPING AND LABELING VIOLATIONS.
PURSUANT TO THE EXPEDITED SETTLEMENT STRATEGY, EACH VIOLATIONG FACILITY WAS SENT A STREALINED SUPER CAFOR WHICH SETS FORTH ALLEGED VIOLATIONS AND A PROPOSED CIVIL PEANLTY. THE CIVIL PENALTIES FOR EACH CASE WERE CALCULATED WITH CONSIDERATION OF THE PENALTY ASSESSMENT CRITERIA SET FORTH IN SECTON 113(e) OF THE CLEAN AIR ACT, 42 U.S.C SUBSECTION 7413(e), AND EPA'S OCTOBER 25, 1991 CLEAN AIR ACT STATIONARY SOURCE CIVIL POLICY, TOGETHER WITH THE ESA STRATEGY.