EPA v. Niagara Generation LLC

Case summary

This is a case brought under Section 113 of the Clean Air Act, 42 USC 7413 to assess a penalty for violation of the Clean Air Act risk management program. in particular, the Facility did not meet the requirements of (1) 40 CFR 68.52 in that there were no written operating procedures for the scrubber system start-up, operation or shut down; (2) 40 CFR 68.54 in that initial and refresher training was not provide to employees involved in operating a process required under 40 CFR 68.52; (3) 40 CFR 68.65(d)(2) because not all valves and pipes in the ammonia scrubber system were labelled; and (4) 40 CFR 68.58, in that the compliance audit was not properly conducted. EPA is seeking a penalty of $19,000 for these violations.

Defendants (1)

• Niagara Generation LLCNamed in complaintNamed in settlement

Facilities (1)

• NIAGARA GENERATION LLC

  5300 FRONTIER AVENUE, NIAGARA FALLS, NY, 14304-3132

  Registry ID: 110001578276

Statutes cited

• CAA 112[R][7] — Prevention of Accidental Release/Risk Management Plans (RMPs)

Enforcement conclusions (1)

• Niagara Generation LLCentered 2008-02-15

  Primary law: CAA

  Federal penalty: $15,000

Timeline (4 milestones)

• 2007-09-28Complaint Filed/Proposed Order
• 2007-10-11Enforcement Action Data Entered
• 2008-02-15Final Order Issued
• 2008-02-15Enforcement Action Closed