EPA v. ESCAMBIA OPERATING CO. LLC

Case summary

12/6/16 - CONSENT AGREEMENT ISSUED, ASSESSING A PENALTY OF $88,900. RESPONDENT SHALL MAKE PAYMENT WITHIN THIRTY DAYS. ORDER ALLEGES: BASED ON EPA'S COMPLIANCE MONITORING INVESTIGATION, THE EPA ALLEGES THAT THE RESPONDENT VIOLATED THE CODIFIED RULES GOVERNING THE ACT'S CHEMICAL ACCIDENT PREVENTION PROVISIONS, BECAUSE RESPONDENT DID NOT ADEQUATELY IMPLEMENT PROVISIONS OF 40 CFR PART 68 WHEN IT: FAILED TO MAINTAIN A DESCRIPTION OF THE VESSEL, SUBSTANCE SELECTED, ASSUMPTIONS AND PARAMETER USED, THE NATIONALE FOR SELECTION AND ANTICIPATED EFFECT OF THE ADMINISTRATIVE CONTROLS AND PASSIVE MITIGATION ON THE RELEASE QUANTITY AND RATE FOR THE WORST-CASE SCENARIO AS REQUIRED BY 40 CFR SECTION 68.39(a). FAILED TO MAINTAIN A DESCRIPTION OF THE ALTERNATIVE RELEASE SCENARIOS IDENTIFIED, ASSUMPTIONS AND PARAMETERS USED, AND THE RATIONALE FOR SELECTION OF SPECIFIC SCENARIOS, AND THE DOCUMENT THE EFFECT OF THE ADMINISTRATIVE AND MITIGATION ON THE RELEASE AND RATE FOR THE ALTERNATIVE RELEASE SCENARIOS AS REQUIRED BY 40 CFR SECTION 68.39(b); FAILED TO MAINTAIN RECORDS REGARDING DATA USED TO ESTIMATE POPULATION AND ENVIRONMENTAL RECEPTORS POTENTIALLY AFFECTED AS REQUIRED BY 40 CFR SECTION 68.39(e). FAILED TO DOCUMENT THAT EQUIPMENT COMPLIES WITH RECOGNIZED AND GENERALLY ACCEPTED GOOD ENGINEERING PRACTICES AS REQUIRED BY 40 CFR SECTION 68.65(d)(2); FAILED TO ESTABLISH A SYSTEM TO PROMPTLY ADDRESS PROCESS HAZAR ANALYSIS TEAM FINDINGS AND RECOMMENDATIONS; ASSURE THAT THE RECOMMENDATIONS ARE RESOLVED IN A TIMELY MANNER AND DOCUMENTED; DOCUMENT WHAT ACTIONS ARE TO BE TAKEN; COMPLETE ACTIONS AS SOON AS POSSIBLE; DEVELOP A WRITTEN SCHEDULE OF WHEN THESE ACTIONS ARE TO BE COMPLETED; AND COMMUNICATE THE ACTIONS TO OPERATING, MAINTENANCE, AND OTHER EMPLOYEES WHOSE WORK ASSIGNMENTS ARE IN THE PROCESS AND WHO MAY BE AFFECTED BY THE RECOMMENDATIONS AS REQUIRED BY 40 CFR SECTION 68.67(e);

Defendants (1)

• ESCAMBIA OPERATING CO. LLCNamed in complaintNamed in settlement

Facilities (8)

• BIG ESCAMBIA CREEK GAS PLANT

  3888 SARDIS CHURCH RD., ATMORE, AL, 36502

  Registry ID: 110000727697

• BIG ESCAMBIA CREEK GAS PLANT

  3888 SARDIS CHURCH RD., ATMORE, AL, 36502

  Registry ID: 110000727697

• ESCAMBIA OPERATING COMPANY LLC

  3888 SARDIS CHURCH ROAD, ATMORE, AL, 36502

  Registry ID: 110000727697

• ESCAMBIA OPERATING COMPANY LLC

  3888 SARDIS CHURCH ROAD, ATMORE, AL, 36502

  Registry ID: 110000727697

• ESCAMBIA OPERATING COMPANY LLC

  3888 SARDIS CHURCH ROAD, ATMORE, AL, 36502

  Registry ID: 110000727697

• BIG ESCAMBIA CREEK GAS PLANT

  3888 SARDIS CHURCH RD., ATMORE, AL, 36502

  Registry ID: 110000727697

• ESCAMBIA OPERATING COMPANY LLC

  3888 SARDIS CHURCH ROAD, ATMORE, AL, 36502

  Registry ID: 110000727697

• BIG ESCAMBIA CREEK GAS PLANT

  3888 SARDIS CHURCH RD., ATMORE, AL, 36502

  Registry ID: 110000727697

Statutes cited

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

Enforcement conclusions (1)

• ESCAMBIA OPERATING CO. LLCentered 2016-12-06

  Primary law: CAA

  Federal penalty: $88,900

Timeline (4 milestones)

• 2016-12-06Complaint Filed/Proposed Order
• 2016-12-06Final Order Issued
• 2016-12-08Enforcement Action Data Entered
• 2017-01-05Enforcement Action Closed