EPA v. BLUE RACER BERNE PLANT - APO/CAFO

Case summary

The Consent Agreement and Final Order (CAFO) for Blue Racer Midstream LLC (Blue Racer), Lewisville, Ohio addresses violations of the New Source Performance Standard regulations promulgated under Section 111 of the Clean Air Act (CAA), 42 U.S.C. 7411, and codified at 40 C.F.R. Part 60, Subparts OOOO and VVa. Specifically, EPA alleges that Respondent committed the following violations of the regulations cited above: failure to perform Method 21 monitoring properly on a quarterly basis on insulated valves, in violation of 40 C.F.R. 60.5400(a) and 60.482-7a(a)(l ); failure to record the dates and results of weekly visual inspections of pumps in a log kept in a readily accessible location, in violation of 40 C.F.R. 60.5400(a) and 60.486a(e)(7); failure to make timely first attempts at repairs within five days of detecting leaks from valves and connectors, in violation of 40 C.F.R. 60.5400(a), 60.482-7a(d)(2) and 60.482-1 la(d); and failure to make timely repairs within 15 days of detecting leaks from connectors, in violation of 40 C.F.R. 60.5400(a) and 60.482-1la(d). In the CAFO, Blue Racer agreed to pay a civil penalty of $40,000. In addition, Blue Racer agreed to comply with an Administrative Consent Order (ACO) issued simultaneously with the CAFO by EPA under Section 113(a) of the CAA, 42 U.S.C. 7413(a). This ACO requires Respondent to: conduct a third-party review of its facility to ensure Blue Racer's compliance with the CAA regulations at 40 C.F.R. Part 60, Subparts OOOO and VVa; to perform comparative monitoring for leaks of VOC from components at its facility as part of a third-party audit; and to conduct quarterly verification inspections of regulated units at its facility.

Defendants (1)

• BLUE RACE BERNE PLANTNamed in complaintNamed in settlement

Facilities (1)

• BLUE RACER MIDSTREAM LLC - BERNE CRYO PLANT

  SWAZEY RD, LEWISVILLE, OH, 43788

  Registry ID: 110070133074

Statutes cited

• CAA 111 — New Source Performance Standards

Enforcement conclusions (1)

• BLUE RACER BERNE PLANT - APO/CAFOentered 2020-11-16

  Primary law: CAA

  Federal penalty: $40,000

Timeline (3 milestones)

• 2020-11-16Final Order Issued
• 2020-11-16Complaint Filed/Proposed Order
• 2020-11-19Enforcement Action Data Entered