EPA v. ELKHORN INVESTMENTS, LLC (SIX FACILITIES)

Case summary

On August 31, 2015, EPA Region III filed a Consent Agreement and Final Order simultaneously commencing and concluding an action under CAA Section 112(r)(1) and (7) against Elkhorn Investments, LLC, and Elkhorn Gas Processing, LLC, the majority owner and operator, respectively (Elkhorn) at six natural gas processing plants. Five of the plants are located in McKean and Warren Counties, Pennsylvania and one is located in Hurricane, Putnam County, West Virginia. The 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. Elkhorn failed to ensure that its storage of liquefied petroleum gas, condensate and waste oil containing condensate in aboveground storage tanks was consistent with industry safety standards for flammable liquids. On September 10, 2014, Elkhorn entered into an Administrative Settlement Agreement and Order on Consent with EPA to address the alleged violations with facility improvements, and submitted its completion report for the work on May 20, 2015, which EPA approved on July 21, 2015. In settlement, Elkhorn has agreed to pay a penalty of $50,221.

Defendants (2)

• ELKHORN INVESTMENTS, LLCNamed in complaintNamed in settlement
• ELKHORN GAS PROCESSING, LLCNamed in complaintNamed in settlement

Facilities (7)

• ROYSTONE NATURAL GAS PROCESSING PLANT

  1911 ROUTE 6, SHEFFIELD, PA, 16347

  Registry ID: 110007339111

• KEYSTONE GAS PROCESSING PLANT

  1990 ZIMMERMAN HILL RD, CLARENDON, PA, 163139749

  Registry ID: 110000708903

• WHITETAIL GAS PROCESSNG PLANT

  5456 HIGHLAND ROAD, KANE, PA, 16735

  Registry ID: 110066856398

• LEWIS RUN GAS PROCESSING PLANT

  1371 SOUTH AVE, BRADFORD, PA, 16701

  Registry ID: 110012640437

• ROYSTONE NATURAL GAS PROCESSING PLANT

  1911 ROUTE 6, SHEFFIELD, PA, 16347

  Registry ID: 110007339111

• HURRICANE GAS PROCESSING PLANT

  7222 STATE ROUTE 34, HURRICANE, WV, 25526

  Registry ID: 110066856520

• KANE NATURAL GAS PROCESSING PLANT

  6307 ROUTE 6 EAST, KANE, PA, 16735

  Registry ID: 110012534454

Statutes cited

• CAA 112[R][7] — Prevention of Accidental Release/Risk Management Plans (RMPs)
• CAA 112[R][1] — Prevention of Accidental Release/General Duty Clause

Enforcement conclusions (1)

• ELKHORN INVESTMENTS, LLC (SIX FACILITIES)entered 2015-08-31

  Primary law: CAA

  Federal penalty: $50,221

Timeline (3 milestones)

• 2015-08-31Complaint Filed/Proposed Order
• 2015-08-31Final Order Issued
• 2015-10-08Enforcement Action Data Entered