EPA v. POWERSOUTH ENERGY COOPERATIVE

Case summary

3/17/16 - CONSENT AGREEMENT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $7,875. RESPONDENT SHALL MAKE PAYMENT WITHIN THIRTY DAYS. ORDER ALLEGES: BASED ON AN RMPROGRAM COMPLIANCE MONITORING INVESTIGATION INITIATED ON AUGUST 7, 2013, THE EPA ALLEGES THAT THE RESPONDENT VIOLATED THE CODIFIED RULES GOVERNING THE CAA CHEMICAL ACCIDENT PREVENTION PROVISIONS, BECAUSE RESPONDENT DID NOT ADEQUATELY IMPLETN PROVISIONS OF 40 CFR PART 68 WHEN IT: FAILED TO INCLUDE IN THE FIVE-YEAR ACCIDENT HISTORY AN ACCIDENTAL RELEASE FROM A COVERED PROCESS THAT RESULTED IN AN INJURY, AS REQUIRED BY 40 CFR SECTION 68.42(a); FAILED TO COMPILE AND MAINTAIN UP-TO-DATE SAFETY INFORMATION RELATED TO THE REGULATED SUBSTANCES, PROCESSES AND EQUIPMENT AS REQUIRED BY 40 CFR SECTION 68.48(a); FAILED TO PERFORM OR CAUSE TO BE PERFORMED AN INSPECTION OR TEST ON PROCESS EQUIPMENT FOLLOWING RECOGNIZED AND GENERALLY ACCEPTED GOOD ENGINEERING PRACTICES AS REQUIRED BY 40 CFR SECTION 68.56(d);

Defendants (1)

• POWERSOUTH ENERGY COOPERATIVENamed in complaintNamed in settlement

Facilities (1)

• MCWILLIAMS - JAMES A VANN COMBINED CYCLE PLANT (POWERSOUTH ENERGY COOPERATIVE)

  28570 US HIGHWAY 29, ANDALUSIA, AL, 36421

  Registry ID: 110067442128

Statutes cited

• CAA 112[R][7] — Prevention of Accidental Release/Risk Management Plans (RMPs)

Enforcement conclusions (1)

• POWERSOUTH ENERGY COOPERATIVEentered 2016-03-17

  Primary law: CAA

  Federal penalty: $7,875 · SEP: $29,559

Timeline (4 milestones)

• 2016-03-17Complaint Filed/Proposed Order
• 2016-03-17Final Order Issued
• 2016-03-31Enforcement Action Data Entered
• 2016-04-12Enforcement Action Closed