EPA v. CAROLINA POWER & LIGHT COMPANY dba PROGRESS ENERGY CAROLINAS, INC.

Case summary

7/16/10 - CONSENT AGMT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $52,000. COMPLAINANT ALLEGES, AND RESPONDENT NEITHER ADMITS NOR DENIES THAT: ON APRIL 15, 2007, A DISCHARGE OF OIL OCCURRED WHEN A 500 KILOVOLT TRANSFORMER FAILED AS A RESULT OF A POWER SURGER DURING SEVERE WEATHER. THE TRANSFORMER HAD THE CAPACITY TO HOLD 18,886 GALLONS OF TRANSFORMER OIL. AS A RESULT OF THE TRANSFORMER DAMAGE, IT WAS ESTIMATED THAT 16,550 GALLONS OF TRANSFORMER OIL WAS RELEASED INTO SECONDARY CONTAINMENT. HOWEVER, THE SECONDARY CONTAINMENT WAS NOT ADEQUATE BECAUSE A BURIED PIPE IN THE CONTAINMENT STRUCTURE CAUSED THE OIL TO DISCHARGE TO A DRAINAGE DITCH THAT DRAINED OFFISTE. AS A RESULT, OIL DISCHARGED FROM THE FACILITY THRU AN UNNAMED CREEK TO MARK'S CREEK, AND TRAVELED AT LEAST 1.5 MILES FROM THE FACILITY. IN RESPONSE TO THIS DISCHARGE, AN EPA ON-SCENE COORDINATOR (OSC) CONDUCTED AN SPCC INSPECTION AT THE FACILITY ON APR 16, 2007. AS A RESULT OF THE INSPECTION, THE FOLLOWING SPCC DEFICIENCIES WERE NOTED: A. RESPONDENT FAILED TO PREPARE A WRITTEN SPCC PLAN FOR THE FACILITY AS REQUIRED BY 40 CFR 112.3(a) IN ACCORDANCE WITH THE GUIDELINES FOR PLAN PREPARATION AT 40 CFR 112.7: - i. THE PLAN DID NOT DISCUSS THE TYPES OF OIL AND CAPACITY OF EACH CONTAINER AS REQUIRED BY 40 CFR 112.7(a)(3)(i); - ii. THE PLAN DID NOT INCLUDE AN ADEQUATE PREDICTION OF THE DIRECTION, RATE OF FLOW, AND TOTAL QUANTITY OF OIL THAT COULD BE DISCHARGED FOR EACH TYPE OF EQUIPMENT FAILURE AS REQUIRED BY 40 CFR 112.7(b); - iii. THE PLAN DID NOT INCLUDE AN ADEQUATE DISCUSSION ON SECONDARY CONTAINMENT SYSTEMS AND/OR DRAINAGE CONTROLS AS REQUIRED BY 40 CFR 112.7(a)(iii). THE PLAN DID NOT SPECIFY WHAT TYPES OF CONTAINMENT AND/OR DRAINAGE CONTROLS EXIST AT THE FACILITY. RESPONDENT FAILED TO IMPLEMENT THE SPCC PLAN AS REQUIRED BY 40 CFR 112.3 IN ACCORDANCE WITH THE GUIDELINES FOR PLAN IMPLEMENTATION AT 40 CFR 112.7 AND/OR 112.8: - THE FACILITY HAD NO RECORDS TO VERIFY THAT INSPECTIONS HAD BEEN CONDUCTED AS REQUIRED BY 40 CFR 112.7(e); - THE FACILITY'S OIL FILLED OPERATIONAL EQUIPMENT (EX. TRANSFORMERS) DID NOT HAVE CONTAINMENT AND/OR DIVERSIONARY STRUCTURES OR EQUIPMENT CAPABLE OF CONTAINING OIL NOR WAS IT CONSTRUCTED SO THAT ANY DISCHARGE FROM A PRIMARY CONTAINMENT SYSTEM (EX. TRANSFORMERS) WOULD NOT ESCAPE BEFORE CLEANUP OCCURS AS REQUIRED BY 40 CFR 112.7(c). - THE FACILITY'S UNDIKED AREA DRAINAGE CONTROLS AS REQUIRED BY 40 CFR 112.8(b)(3) WERE ADEQUATE. EPA THEREFORE ALLEGES THAT RESPONDENT VIOLATED 40 CFR 112.3 BY FAILING TO PREPARE AND IMPLEMENT AN SPCC PLAN IN ACCORDANCE WITH THE GUIDELINES FOR PLAN PREPARATION AND IMPLEMENTATION AT 40 CFR 112.7 AND 40 CFR 112.8.

Defendants (2)

• CAROLINA POWER & LIGHT COMPANYNamed in complaintNamed in settlement
• PROGRESS ENERGY SERVICE COMPANY, LLCNamed in complaintNamed in settlement

Facilities (1)

• CAROLINA POWER & LIGHT - WAKE 500KV SUBSTATION

  SR 2501, RALEIGH, NC, 27616

  Registry ID: 110032617498

Statutes cited

• CWA 311J — SPCC and/or Federal Response Plan Violations
• CWA 311B — Oil & Hazardous Substances Discharge

Enforcement conclusions (1)

• CAROLINA POWER & LIGHT COMPANY dba PROGRESS ENERGY CAROLINAS, INC.entered 2010-07-16

  Primary law: CWA

  Federal penalty: $52,000

Timeline (4 milestones)

• 2010-07-16Complaint Filed/Proposed Order
• 2010-07-16Final Order Issued
• 2010-07-22Enforcement Action Data Entered
• 2010-08-02Enforcement Action Closed