EPA v. DUKE ENERGY FLORIDA, LLC

Case summary

OCTOBER 10, 2024 - CONSENT AGREEMENT On August 21, 2023, a release of Sulfur Dioxide above the RQ under EPCRA occurred at the Facility. The August 21, 2023, release of Sulfur Dioxide resulted in the potential for exposure to persons beyond the site or sites on which the Facility is located. Respondent failed to immediately notify the SERC and LEPC, as soon as Respondent had knowledge of the release of Sulfur Dioxide in an amount equal to or greater than its RQ at Respondent's Facility. Respondent violated the notification requirements of Section 304(a) of EPCRA, 42 U.S.C. ? 11004(a), and the applicable regulation, 40 C.F.R. Part 355, Subpart C, by failing to immediately notify the SERC and LEPC as soon as Respondent had knowledge of the August 21, 2023, release of Sulfur Dioxide in an amount equal to or greater than its RQ at Respondent's Facility and is therefore subject to the assessment of penalties under Section 325 of EPCRA, 42 U.S.C.? 11045. Respondent agrees to pay a civil penalty in the amount of $16,350.00 ( Assessed Penalty ) within thirty (30) calendar days after the Effective Date of this CAFO.

Defendants (1)

• DUKE ENERGY FLORIDA, LLCNamed in complaintNamed in settlement

Facilities (8)

• DUKE ENERGY FLORIDA, LLC

  15760 WEST POWER LINE STREET, CRYSTAL RIVER, FL, 344286708

  Registry ID: 110017431215

• DUKE ENERGY FLORIDA, LLC

  15760 WEST POWER LINE STREET, CRYSTAL RIVER, FL, 344286708

  Registry ID: 110017431215

• DUKE ENERGY FLORIDA, LLC

  15760 WEST POWER LINE STREET, CRYSTAL RIVER, FL, 344286708

  Registry ID: 110017431215

• DUKE ENERGY FLORIDA, LLC

  15760 WEST POWER LINE STREET, CRYSTAL RIVER, FL, 344286708

  Registry ID: 110017431215

• DUKE ENERGY FLORIDA, LLC

  15760 WEST POWER LINE STREET, CRYSTAL RIVER, FL, 344286708

  Registry ID: 110017431215

• DUKE ENERGY FLORIDA, LLC

  15760 WEST POWER LINE STREET, CRYSTAL RIVER, FL, 344286708

  Registry ID: 110017431215

• DUKE ENERGY FLORIDA, LLC

  15760 WEST POWER LINE STREET, CRYSTAL RIVER, FL, 344286708

  Registry ID: 110017431215

• DUKE ENERGY FLORIDA, LLC

  15760 WEST POWER LINE STREET, CRYSTAL RIVER, FL, 344286708

  Registry ID: 110017431215

Statutes cited

• EPCRA 304 — Emergency Release Notification Section 313 Program

Enforcement conclusions (1)

• DUKE ENERGY FLORIDA, LLCentered 2024-10-10

  Primary law: EPCRA

  Federal penalty: $16,350

Timeline (3 milestones)

• 2024-10-10Complaint Filed/Proposed Order
• 2024-10-10Final Order Issued
• 2024-11-26Enforcement Action Data Entered