EPA v. RAVEN POWER (H. A. WAGNER GENERATING PLANT)

Case summary

On April 1, 2020, the Regional Judicial Officer signed a Final Order ratifying a Consent Agreement between EPA and Raven Power LLC (Raven Power) that resolves alleged violations of release notification requirements under EPCRA 304 and CERCLA 103 at the H.A. Wagner Generating Plant ( Facility ). Raven Power will pay a penalty in the amount of $105,000 pursuant to the Agreement. On July 20, 2018, EPA Region III conducted an inspection at the Facility in response to a release of sodium hypochlorite that was reported to have occurred on September 10, 2017. The purpose of the inspection was to investigate whether the Facility was in compliance with the emergency release notification requirements of CERCLA Section 103 and EPCRA Section 304, in addition to the emergency planning and chemical inventory requirements of EPCRA Sections 302, 303, 311 and 312. EPA determined that Raven Power violated CERCLA 103(a) by failing to provide timely notice of the release to the National Response Center. EPA also alleges that Respondent violated EPCRA 304(a)(3)(A) and (b) by failing to provide timely notice of the release to the State Emergency Response Commission ( SERC ) and the Local Emergency Planning Committee ( LEPC ). Additionally, EPA alleges that Respondent violated EPCRA 304(c) by failing to provide a written follow-up notice to the SERC and LEPC as soon as practicable after the release. EPA directly implements enforcement of EPCRA and CERCLA; the Maryland Department of the Environment is aware of this action.

Defendants (1)

• RAVEN POWER, LLCNamed in complaintNamed in settlement

Facilities (2)

• H. A. WAGNER GENERATING PLANT

  3000 BRANDON SHORES ROAD, BALTIMORE, MD, 21226

  Registry ID: 110064387346

• H. A. WAGNER GENERATING PLANT

  3000 BRANDON SHORES ROAD, BALTIMORE, MD, 21226

  Registry ID: 110064387346

Statutes cited

• EPCRA 304 — Emergency Release Notification Section 313 Program
• CERCLA 103A — Notification of Hazardous Reportable Quantity Release

Enforcement conclusions (1)

• RAVEN POWER (H. A. WAGNER GENERATING PLANT)entered 2020-04-01

  Primary law: CERCLA

  Federal penalty: $105,000

Timeline (4 milestones)

• 2020-04-01Complaint Filed/Proposed Order
• 2020-04-01Final Order Issued
• 2020-04-02Enforcement Action Data Entered
• 2020-04-07Enforcement Action Closed