EPA v. XPRESS NATURAL GAS, LLC

Case summary

On November 11, 2023, EPA Region 3 issued an Administrative Compliance Order on Consent (Order) to Xpress Natural Gas, LLC, the owner and operator of a natural gas tank filling facility located at 3814 North Road, Montrose, Pennsylvania (Facility). The Facility is subject to both 40 C.F.R. Part 60 Subpart JJJJ Standards of Performance for Stationary Spark Ignition Internal Combustion Engines (Subpart JJJJ) and 40 C.F.R. Part 63 Subpart National Emission Standards for Hazardous Air Pollutants for Stationary Reciprocating Internal Combustion Engines (Subpart ZZZZ). EPA obtained information as part of its investigation showing that Respondent has not completed a passing performance test at the Facility, and therefore is operating in violation of Section 112 of the CAA, 42 U.S.C. ? 7412, NSPS Subpart JJJJ and NESHAP Subpart ZZZZ regulations. The Order, issued under the authority of Section 113(a) of the CAA, 42 U.S.C 7413(a)(3), requires Respondent to submit a testing protocol to EPA, conduct testing in accordance with the approved protocol, and to submit a final report of the testing results. If the testing results fails to show compliance with emission standards, the Order requires Respondent to retest. This case seeks to ensure that facilities working with hazardous air pollutants comply with applicable federal work practice, reporting and record keeping requirements, minimizing the risk of potential harm to neighboring communities and the environment. EPA has not delegated to Pennsylvania the authority to implement and enforce NESHAP Subpart. Pennsylvania has been notified of this action and has not raised any objections. EPA will resolve its claim for civil penalties for the CAA violations separately.

Defendants (1)

• XPRESS NATURAL GAS, LLCNamed in settlement

Facilities (2)

• XPRESS NATURAL GAS LLC/MONTROSE

  3814 NORTH RD, MONTROSE, PA, 18801-7688

  Registry ID: 110070131706

• XPRESS NATURAL GAS, LLC

  3814 NORTH RD, MONTROSE, PA, 18801

  Registry ID: 110070131706

Statutes cited

• CAA 112 — Hazardous Air Pollutants

Enforcement conclusions (1)

• XPRESS NATURAL GAS, LLCentered 2023-11-14

  Primary law: CAA

Timeline (4 milestones)

• 2023-11-14Final Order Issued
• 2023-11-16Enforcement Action Data Entered
• 2024-11-14Air Resolved
• 2024-11-14Enforcement Action Closed