EPA v. ELKHORN INVESTMENTS, INC (6 FACILITIES)

Case summary

ON SEPTEMBER 11, 2014, EPA REGION III ISSUED AN ADMINISTRATIVE SETTLEMENT AGREEMENT AND ORDER ON CONSENT ( ORDER ) TO ELKHORN INVESTMENTS, LLC, AND ELKHORN GAS PROCESSING, LLC, THE MAJORITY OWNER AND OPERATOR, RESPECTIVELY ( ELKHORN ), OF FIVE NATURAL GAS PROCESSING PLANTS LOCATED IN MCKEAN AND WARREN COUNTIES, PENNSYLVANIA AND ONE PLANT IN HURRICANE, PUTNAM COUNTY, WEST VIRGINIA. THE NATURAL GAS PROCESS PLANTS RECEIVE NATURAL GAS FROM WELL SITES, MECHANICALLY REMOVE LIQUIDS, COMPRESS THE GASES, REMOVE THE NATURAL GAS LIQUIDS VIA PROPANE REFRIGERATION PROCESS, AND ROUTE THE PROCESSED NATURAL GAS INTO AN INTERSTATE GAS PIPELINE SYSTEM. EPA CONDUCTED INSPECTIONS OF THE FACILITIES IN 2012 TO ASSESS COMPLIANCE WITH SECTION 112(r)(7) OF THE CAA. EPA DETERMINED THAT ELKHORN VIOLATED THE RISK MANAGEMENT PROGRAM'S PROCESS SAFETY REQUIREMENT TO ENSURE THAT THE STORAGE OF FLAMMABLE LIQUIDS AT THE FACILITIES COMPIED WITH RECOGNIZED AND GENERALLY ACCEPTED GOOD ENGINEERING STANDARDS. AT THE REQUEST OF THE AGENCY, ELKHORN AGREED TO CONDUCT A COMPLIANCE ANALYSIS FOR THE FACILITIES IN EARLY 2014. WITH THIS ORDER, ELKHORN AGREED TO CONDUCT FACILITY IMPROVEMENTS, INLCUDING CONSTRUCTING DRAINAGE AND SPILL CONTAINMENT AREAS, ENSURING PROPER VENTING ON WASTE OIL TANKS, INSTALLING VEHICULAR PROTECTION FOR BULLET TANKS, INSTALLING AN EARLY WARNING SYSTEM FOR TWO FACILITIES, AND REVISING EMERGENCY RESPONSE PLANS. ISSUANCE OF THIS ORDER WILL IMPROVE PUBLIC HEALTH AND SAFETY BY DECREASING THE RISK OF RELEASES OF EXTREMLEY HAZARDOUS SUBSTANCES.

Defendants (1)

• ELKHORN INVESTMENTS, LLCNamed in settlement

Facilities (8)

• WHITETAIL GAS PROC LLC/WHITETAIL

  5422 HIGHLAND RD, KANE, PA, 16735

  Registry ID: 110043577215

• WHITETAIL GAS PROC LLC/WHITETAIL

  5422 HIGHLAND RD, KANE, PA, 16735

  Registry ID: 110043577215

• LEWIS RUN GAS PROCESSING PLANT

  1371 SOUTH AVENUE, BRADFORD, PA, 16701

  Registry ID: 110012640437

• ROYSTONE NATURAL GAS PROCESSING PLANT

  1911 ROUTE 6, SHEFFIELD, PA, 16347

  Registry ID: 110007339111

• ROYSTONE NATURAL GAS PROCESSING PLANT

  1911 ROUTE 6, SHEFFIELD, PA, 16347

  Registry ID: 110007339111

• HURRICANE GAS PROCESSING PLANT

  RT 2 BOX 64, HURRICANE, WV, 25526-9680

  Registry ID: 110028303182

• KEYSTONE GAS PROCESSING PLANT

  1990 ZIMMERMAN HILL RD, CLARENDON, PA, 163139749

  Registry ID: 110000708903

• KANE NATURAL GAS PROCESSING PLANT

  6307 ROUTE 6 EAST, KANE, PA, 16735

  Registry ID: 110012534454

Statutes cited

• CAA 112R — General Duty/Accidental Release
• CAA 112[R][1] — Prevention of Accidental Release/General Duty Clause

Enforcement conclusions (1)

• ELKHORN INVESTMENTS, INC (6 FACILITIES)entered 2014-09-10

  Primary law: CAA

Timeline (2 milestones)

• 2014-09-10Final Order Issued
• 2014-09-18Enforcement Action Data Entered