EPA v. KC MIDSTREAM SOLUTIONS, LLC (CATALYST ENERGY, INC. - IRISHTOWN GAS PROCESSING PLANT)

Case summary

On April 12, 2017, EPA Region III issued an Administrative Settlement Agreement and Order on Consent (?Order?) to KC Midstream Solutions, LLC, the owner and operator of two natural gas processing plants, in McKean County and Forest County, Pennsylvania, to improve public health and safety by decreasing the risk of releases of hazardous chemicals. EPA conducted an inspection of each facility to assess compliance with Section 112(r)(1) and (7) of the CAA. EPA determined that KC Midstream Solutions violated CAA Section 112(r)(1), known as the General Duty Clause, and CAA Section 112(r)(7). EPA?s allegations involve the storage of liquefied petroleum gas and condensate at facilities with no hazard assessment, operating procedures, maintenance procedures, or emergency plans. In addition, the flammable liquids are stored in tanks at facilities that were improperly designed, with inadequate normal and emergency venting, spacing between equipment, spill containment, and fire protection. Pennsylvania has not received delegation of Section 112(r)(1) and (7) of the CAA. This case seeks to improve public health and safety by decreasing the risk of releases of hazardous chemicals from natural gas processing plants. On December 27, 2017, EPA Region III issued a Modification to an April 12, 2017 Administrative Settlement Agreement and Order on Consent (�Order�) to KC Midstream Solutions, LLC, the owner and operator of two natural gas processing plants, in McKean County and Forest County, Pennsylvania. The Order required KC Midstream Solutions, LLC to make improvements at both facilities in order to ensure that its processing and storage of liquefied petroleum gas and condensate were done in compliance with Section 112(r)(1) and (7) of the CAA, and applicable industry codes and standards. KC Midstream it not currently processing or storing liquefied petroleum gas or condensate at the natural gas plant located in Forest County, Pennsylvania. Therefore, the parties have agreed to modify the Order to delete the compliance requirements pertaining to the Forest County facility, and to require KC Midstream to provide EPA with a written status report as to its plans for the facility on April 1, 2018. Pennsylvania has not received delegation of Section 112(r)(1) and (7) of the CAA.

Defendants (1)

• KC MIDSTREAM SOLUTIONS, LLCNamed in settlement

Facilities (4)

• IRISHTOWN (SWAMP ANGEL)

  242 SAND ROAD, LEWIS RUN, PA, 16738

  Registry ID: 110069525936

• IRISHTOWN (SWAMP ANGEL)

  242 SAND ROAD, LEWIS RUN, PA, 16738

  Registry ID: 110069525936

• ENDEAVOR (QUEEN)

  101 QUEEN PUMPING STATION ROAD, TIDIOUTE, PA, 16321

  Registry ID: 110069525874

• ENDEAVOR (QUEEN)

  101 QUEEN PUMPING STATION ROAD, TIDIOUTE, PA, 16351

  Registry ID: 110069525874

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 (2)

• KC MIDSTREAM SOLUTIONS, LLC (CATALYST ENERGY, INC. - IRISHTOWN GAS PROCESSING PLANT)entered 2017-12-27

  Primary law: CAA

• KC MIDSTREAM SOLUTIONS, LLC (CATALYST ENERGY, INC. - IRISHTOWN GAS PROCESSING PLANT)entered 2017-04-12

  Primary law: CAA

Timeline (2 milestones)

• 2017-04-26Enforcement Action Data Entered
• 2017-12-27Final Order Issued