EPA v. MARKWEST LIBERTY MIDSTREAM & RESOURSES, LLC (MARKWEST LIBERTY MIDSTREAM & RESOURCES, LLC - HOUSTON)

Case summary

Liberty Midstream and Resources, L.L.C. for its Rail Yard Facility located 1090 Western Avenue in Washington, Pennsylvania. On February 8, 2021, EPA issued an information request letter to Respondent. A representative of EPA conducted a review of the response documents provided by the Respondent for its Rail Yard in Washington, Pennsylvania to determine compliance with Section 112(r) of the Act, 42 U.S.C. 7412(r), and the Risk Management Program ( RMP ) regulations promulgated at 40 C.F.R. Part 68. EPA found that the Respondent had violated regulations implementing Section 112(r) of the Act. Specifically, from at least February 22, 2021 until April 30, 2021, the owner or operator failed to review and update the RMP and submit it to EPA at the time a regulated substance (ethyl mercaptan) was first present in a new process above threshold quantities, in violation of 40 C.F.R. 68.190(b)(4). MarkWest Liberty Midstream and Resources, L.L.C. has agreed to pay a cash penalty of $3,000 as part of an Expedited Penalty Action and Consent Agreement.

Defendants (1)

• MARKWEST LIBERTY MIDSTREAM & RESOURSES, L.L.C.Named in complaintNamed in settlement

Facilities (2)

• HOUSTON RAIL YARD

  1090 WESTERN AVENUE, WASHINGTON, PA, 15301

  Registry ID: 110070935625

• MARKWEST LIBERTY MIDSTREAM & RESOURCES, L.L.C. - HOUSTON RAIL YARD

  1090 WESTERN AVENUE, WASHINGTON, PA, 15301

  Registry ID: 110071080481

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)

• MARKWEST LIBERTY MIDSTREAM & RESOURSES, LLC (MARKWEST LIBERTY MIDSTREAM & RESOURCES, LLC - HOUSTON)entered 2021-08-25

  Primary law: CAA

  Federal penalty: $3,000

Timeline (4 milestones)

• 2021-08-25Enforcement Action Data Entered
• 2021-08-25Final Order Issued
• 2021-08-25Complaint Filed/Proposed Order
• 2021-09-03Enforcement Action Closed