EPA v. Associated Electric Cooperative, Inc

Case summary

On July 23, 2015, EPA Region 6 issued a Consent Agreement and Final Order (CAFO) under its authority pursuant to the Clean Air Act to Associated Electric Cooperative Inc (AECI). The CAFO was issued in response to violations of Section 112(r)(1) of the Clean Air Act at Dell Power Plant. The CAFO requires AECI to pay an assessed penalty of $30,000 within 30 days of the effective date of the CAFO. Pursuant to section 112(r)(1) of the CAA, 42 U.S.C. ? 7412(r)(1), an owner/operator of a stationary source producing, processing, handling or storing substances listed pursuant to section 112(r)(3) of the CAA, 42 U.S.C. ? 7412(r)(3), or any other extremely hazardous substance, has a general duty to: (1) identify hazards which may result from accidental releases of such substances using appropriate hazard assessment techniques; (2) design and maintain a safe facility, taking such steps as are necessary to prevent releases; and (3) minimize the consequences of accidental releases that do occur.

Defendants (1)

• Associated Electric Cooperative IncNamed in complaintNamed in settlement

Facilities (2)

• ASSOCIATED ELECTRIC COOPERATIVE, INC. - DELL POWER PLANT

  301 EAST STATE HIGHWAY 18, DELL, AR, 72426

  Registry ID: 110043716565

• ASSOCIATED ELECTRIC COOPERATIVE, INC. - DELL POWER PLANT

  301 EAST STATE HIGHWAY 18, DELL, AR, 72426

  Registry ID: 110043716565

Statutes cited

• CAA 112[R][1] — Prevention of Accidental Release/General Duty Clause

Enforcement conclusions (1)

• Associated Electric Cooperative, Incentered 2015-07-23

  Primary law: CAA

  Federal penalty: $30,000

Timeline (5 milestones)

• 2015-07-23Final Order Issued
• 2015-07-23Complaint Filed/Proposed Order
• 2015-08-24Enforcement Action Closed
• 2015-08-24Air Resolved
• 2015-09-01Enforcement Action Data Entered