EPA v. CATALYST ENERGY, INC. - KANE GAS PROCESSING PLANT

Case summary

The Regional Judicial Officer issued a Final Order on May 24, 2018, accepting the Consent Agreement to commence and settle EPCRA and CAA violations with Catalyst Energy, Inc. and KC Midstream Solutions, LLC, the former and current owner and operator of three natural gas processing plants, two in McKean County and one in Forest County, Pennsylvania. Respondent Catalyst Energy, Inc., failed to submit safety data sheets to the SERC, LEPC and the respective local fire departments for the hydrocarbon mixture stored at the facilities in 30,000-gallon bullet tanks, or to timely submit emergency and hazardous chemical inventory forms (Tier 2s) to the three reporting entities for the hydrocarbon mixture it stored on-site during calendar years 2013 and 2014, in violation of Sections 311 and 312 of EPCRA. In addition, Respondents failed to timely prepare and implement risk management plans for the three facilities, to ensure the safe storage of the flammable hydrocarbon mixture, in violation of Section 112(r)(7) of the CAA and the Chemical Accident Prevention Provisions of 40 C.F .R. Part 68. EPA had previously issued an Administrative Settlement Agreement and Order on Consent to Respondent KC Midstream on April 12, 2017, to make improvements to come into compliance with 40 C.F.R. Part 68, which Respondent completed. In settlement, Respondents have agreed to pay a cash penalty of $215,042. This penalty settlement follows up on a May 10, 2018 penalty settlement with Respondents to address SPCC violations at the three facilities, for $42,806. Pennsylvania has not received delegation of the EPCRA or CAA 112(r) program but has been notified of this enforcement action.

Defendants (2)

• CATALYST ENERGY, INC.Named in complaintNamed in settlement
• KC MIDSTREAM SOLUTIONS, LLCNamed in complaintNamed in settlement

Facilities (6)

• CATALYST ENERGY, INC. - IRISHTOWN GAS PROCESSING PLANT

  242 SAND ROAD, LEWIS RUN, PA, 16738

  Registry ID: 110069525936

• CATALYST ENERGY, INC. - IRISHTOWN GAS PROCESSING PLANT

  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

• CATALYST ENERGY, INC. - KANE GAS PROCESSING PLANT

  34 HARDWOOD ROAD, KANE, PA, 16426

  Registry ID: 110069723703

• IRISHTOWN (SWAMP ANGEL)

  242 SAND ROAD, LEWIS RUN, PA, 16738

  Registry ID: 110069525936

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
• EPCRA 312 — Emergency and Hazardous Chemical Inventory Forms
• EPCRA 311 — Material Safety Data Sheets (MSDS)

Enforcement conclusions (1)

• CATALYST ENERGY, INC. - KANE GAS PROCESSING PLANTentered 2018-05-24

  Primary law: EPCRA

  Federal penalty: $215,042

Timeline (4 milestones)

• 2018-05-24Complaint Filed/Proposed Order
• 2018-05-24Final Order Issued
• 2018-05-25Enforcement Action Data Entered
• 2018-11-20Enforcement Action Closed