EPA v. Plains LPG Services,L.P. (Alto) CAFO

Case summary

Plains LPG Services, L.P., Alto, Michigan, is the subject of a Consent Agreement and Final Order entered on August 2, 2014 between USEPA Region V and Plains (Respondent) for violations of Section 112 (r) of the Clean Air Act. Respondent operates a liquefied petroleum gas manufacturing and storage facility in Alto, Michigan, which according to the RMP submitted to USEPA by the Respondent used butane and propane as process chemicals during its operations, and held at least 10,000 pounds of butane and propane. On July 5, 2012, authorized representatives of USEPA conducted an inspection of the facility to determine its compliance. USEPA alleged that Respondent violated the Hazard Assessment and Program 3 Prevention Program regulations as follows: a) failed to analyze and report the worst-case release scenario that is estimated to create the greatest distance in any direction to an endpoint resulting from an accidental release of a regulated flammable substance from the covered process under worst-case conditions as required under 40CFR 68.25 (a)(2)(ii); b) failed to determine the worst-case release quantity that is, for substances in a vessel, the greatest amount held in a single vessel, taking into account administrative controls that limit the maximum quantity, as required under 40 CFR 68.25(b)(1); c) failed to compile written process safety information including information pertaining to the technology of the process that includes maximum intended inventories, as required under 40 CFR 68.65(c)(1)(iii); d) failed to compile written process safety information including information that documents that equipment complies with recognized and generally accepted good engineering practices, as required under 40 CFR 68.65(d)(2); e) failed to perform a process hazard analysis that addresses the hazards of the process, including those related to flares, the identification of any previous incident which had a likely potential for catastrophic consequences, stationary source siting, and human factors as required under 40 CFR 68.67(c); f) failed to correct deficiencies in equipment that are outside acceptable limits before further use in a safe and timely manner when necessary means are taken to assure safe operation, as required under 40 CFR 68.73(e); and g) failed to promptly determine and document an appropriate response to each of the findings of the compliance audit and document that deficiencies have been corrected, as required under 40 CFR 68.79(d). USEPA determined that an appropriate civil penalty to settle this action was $74,000, which must be paid to the Treasurer of the United States within 30 days after the effective date of this CAFO.

Defendants (1)

• Plains LPG Services, L.P.Named in complaintNamed in settlement

Facilities (2)

• PLAINS LPG SERVICES, ALTO TERMINAL

  6012 ALDEN NASH AVENUE, ALTO, MI, 49302

  Registry ID: 110000567565

• PLAINS LPG SERVICES, ALTO TERMINAL

  6012 ALDEN NASH AVENUE, ALTO, MI, 49302

  Registry ID: 110000567565

Statutes cited

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

Enforcement conclusions (1)

• Plains LPG Services,L.P. (Alto) CAFOentered 2014-08-01

  Primary law: CAA

  Federal penalty: $74,000

Timeline (5 milestones)

• 2014-08-01Final Order Issued
• 2014-08-01Complaint Filed/Proposed Order
• 2014-09-05Pipeline Closed
• 2014-09-05Enforcement Action Closed
• 2014-09-29Enforcement Action Data Entered