EPA v. MARKWEST LIBERTY MIDSTREAM AND RESOURCES, LLC (HOUSTON GAS PLANT)

Case summary

On December 7, 2021, the EPA Region III Regional Judicial Officer issued a Final Order ratifying the Consent Agreement between EPA and MarkWest Liberty Midstream & Resources LLC, the owner and operator of a natural gas processing located at 800 Western Avenue, Washington, PA 15301. The Consent Agreement initiates and settles alleged violations of the CWA's SPCC and FRP requirements. EPA alleged that MarkWest had failed to (1) include the Facility's natural gasoline railcar loading rack and belowground pipelines associated with the natural gasoline tank truck loading area and railcar loading rack, in the Facility's SPCC plan diagrams; (2) include all of the Facility's portable oil storage containers in the container inventory of the Facility's SPCC plan; (3) implement a drills and exercises program that follows the PREP Guidelines in the Facility's FRP; and (4) follow the format of the model facility-specific response plan included in Appendix F of 40 C.F.R. Part 112 without preparing an equivalent response plan acceptable to the Regional Administrator to meet State or other Federal requirements. MarkWest has agreed to pay a $75,000 penalty in the settlement. This case helps ensure compliance by MarkWest with spill prevention regulations and to mitigate potential discharge threats into nearby waterways and safeguard adjacent Pennsylvania communities. The Commonwealth of Pennsylvania was notified of the inspection and the alleged violations. The SPCC and FRP programs are directly implemented by EPA and are not delegated to states. No comments were received during the 40- day public comment period between September 17, 2021 and October 27, 2021.

Defendants (1)

• MARKWEST LIBERTY MIDSTREAM AND RESOURCES, LLCNamed in complaintNamed in settlement

Facilities (5)

• HOUSTON GAS PLANT

  800 WESTERN AVE, WASHINGTON, PA, 15301

  Registry ID: 110046247138

• HOUSTON GAS PLANT

  800 WESTERN AVE, WASHINGTON, PA, 15301

  Registry ID: 110046247138

• HOUSTON GAS PLANT

  800 WESTERN AVE, WASHINGTON, PA, 15301

  Registry ID: 110046247138

• HOUSTON GAS PLANT & RAIL YARD

  800 WESTERN AVE, WASHINGTON, PA, 15301

• HOUSTON GAS PLANT

  800 WESTERN AVE, WASHINGTON, PA, 15301

  Registry ID: 110046247138

Statutes cited

• CWA 311J — SPCC and/or Federal Response Plan Violations

Enforcement conclusions (1)

• MARKWEST LIBERTY MIDSTREAM AND RESOURCES, LLC (HOUSTON GAS PLANT)entered 2021-12-07

  Primary law: CWA

  Federal penalty: $75,000

Timeline (4 milestones)

• 2021-12-07Complaint Filed/Proposed Order
• 2021-12-07Final Order Issued
• 2021-12-08Enforcement Action Data Entered
• 2022-01-14Enforcement Action Closed