EPA v. ENBRIDGE PROCESSING LLC

Case summary

12/1/09 - CONSENT AGREEMENT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $1,310 FOR THE CERCLA VIOLATION WHICH SHALL BE PAID WITHIN 30 DAYS. RESPONDENT SHALL PAY A CIVIL PENALTY OF $5,239 FOR THE EPCRA VIOLATIONS, WHICH SHAL BE PAID WITHIN 30 DAYS. RESPONDENT ALSO AGREES TO COMPLETE A SEP. ON DECEMBER 13, 2008, RESPONDENT HAD A RELEASE OF HYDROGEN SULFIDE ABOVE THE REPORTABLE QUANTITY (RQ) AT ITS FACILITY. EPA ALLEGES THAT THE RESPONDENT VIOLATED THE NOTIFICATION REQUIREMENTS OF CERCLA SEC 103(a) BY FAILING TO IMMEDIATELY NOTIFY THE NRC AS SOON AS RESPONDENT HAD KNOWLEDGE OF THE RELEASE OF HYDROGEN SULFIDE IN AN AMOUNT EQUAL TO OR GREATER THAN IT RQ AT THE FACILITY. RESPONDENT VIOLATED THE NOTIFICATION REQUIREMENTS OF EPCRA SEC 304(a) BY FAILING TO IMMEDIATELY NOTIFY THE SERC AND LEPC AS SOON AS RESPONDENT HAD KNOWLEDGE OF THE RELEASE OF HYDROGEN SULFIDE IN AN AMOUNT EQUAL TO OR GREATER THAN THE RQ AT RESPONDENT'S FACILITY. RESPONDENT VIOLATED THE NOTIFICATION REQUIREMENTS OF EPCRA SEC 304(c) BY FAILING TO PROVIDE A WRITTEN FOLLOW-UP EMERGENCY NOTICE TO THE SERC AND LEPC WHEN THERE HAD BEEN A RELEASE OF HYDROGEN SULFIDE IN AN AMOUNT EQUAL TO OR GREATER THAN THE RQ AT RESPONDENT'S FACILITY.

Defendants (1)

• ENBRIDGE PROCESSING (MISSISSIPPI) LLCNamed in complaintNamed in settlement

Facilities (2)

• ENBRIDGE PROCESSING, MISSISSIPPI LLC, BAZOR RIDGE TREATING FACILITY

  595 CEAMON PITTMAN ROAD, WAYNESBORO, MS, 39367

  Registry ID: 110002053474

• ENBRIDGE PROCESSING, MISSISSIPPI LLC, BAZOR RIDGE TREATING FACILITY

  595 CEAMON PITTMAN ROAD, WAYNESBORO, MS, 39367

  Registry ID: 110002053474

Statutes cited

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

Enforcement conclusions (1)

• ENBRIDGE PROCESSING LLCentered 2009-12-01

  Primary law: EPCRA

  Federal penalty: $6,549 · SEP: $28,588

Timeline (4 milestones)

• 2009-12-01Final Order Issued
• 2009-12-01Complaint Filed/Proposed Order
• 2009-12-08Enforcement Action Data Entered
• 2010-02-10Enforcement Action Closed