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05-2021-5005Administrative - FormalFinal Order IssuedFY 2021· Region 05

EPA v. BLUE RACER BERNE PLANT - ACO

Final Order No Penalty

Case summary

The Administrative Consent Order (ACO) for Blue Racer Midstream LLC (Blue Racer), Lewisville, Ohio addresses violations of the New Source Performance Standard (NSPS) 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 Blue Racer 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 ACO, Blue Racer agreed to comply 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 audit 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. In addition, Blue Racer agreed to pay a civil penalty of $40,000 in a Consent Agreement and Final Order.

Defendants (1)

  • BLUE RACER 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 111New Source Performance Standards

Enforcement conclusions (1)

  • BLUE RACER BERNE PLANT - ACOentered 2020-11-17

    Primary law: CAA

Timeline (2 milestones)

  • 2020-11-17Final Order Issued
  • 2020-11-19Enforcement Action Data Entered

Case metadata

EPA activity ID
3602336378
Case number
05-2021-5005
Lead agency
EPA
EPA region
05
Voluntary self-disclosure
No
Primary statute
New Source Performance Standards

Sourced verbatim from EPA ECHO Enforcement Case Report for case 05-2021-5005 . Bulk data: ICIS-FEC download summary.

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.