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EPA Reduces $54,548 Penalty Against Duke Energy to Zero For Self Reporting of Violations

Release Date: 1/28/2003
Contact Information: Wendy L. Chavez, U.S. EPA, 415-947-4248

     SAN FRANCISCO   The U.S. Environmental Protection Agency recently reduced the penalty against Duke Energy from $54,548 to zero for self-reporting violations of the Emergency Planning and Community Right to Know Act.

     The company failed to submit the proper forms identifying various types of chemicals used at its Chula Vista, Calif. facility.  Once Duke Energy discovered the violations on June 5, 2002, the company completed and submitted all required documents, correcting the violations.  The EPA analyzed the violations and determined that the company met the criteria of the audit policy and reduced the $54,548 penalty to zero.    
     "This is a great example of how the EPA supports industries that identify and correct violations," said Enrique Manzanilla, the Cross-Media Division director for the Pacific Southwest region.  "Duke Energy quickly reported the violations and corrected them, ensuring the company complied with federal law."  

     Under the EPA's self reporting audit policy, the EPA may reduce penalties up to 100 percent for violations that are voluntarily discovered, promptly disclosed to the agency and corrected.

     The Emergency Planning and Community Right-to-Know Act requires annual reports to the EPA and the state from facilities that use or manufacture certain toxic chemicals over a specified amount.  The reports provide estimates of the amounts of each toxic chemical released to the environment, treated or recycled on site, or transferred off-site to another facility.

More information about the Audit Policy can be found at: www.epa.gov/compliance/incentives/auditing/auditpolicy.html