Document QkXnmxQ47YdyE9DzqnLVmBZx8

ELECTRONIC MAIL CONFIRMATION OF EMAIL RECEIPT REQUESTED Jamie Hunter Lead Environmental Specialist Duke Energy Florida, LLC 299 1st Avenue North St. Petersburg, Florida 33701 Jamie.Hunter@duke-energy.com Re: Duke Energy Crystal River Power Plant - Crystal River, Florida Notice of Potential Violation and Opportunity to Confer Dear Jamie Hunter: Information currently available to the U.S. Environmental Protection Agency indicates that Duke Energy Florida, LLC may have committed violations of Section 103(a) of the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA), 42 U.S.C. 9603(a), and Section 304(a) of the Emergency Planning and Community Right-to-Know Act of 1986 (EPCRA), 42 U.S.C. 11004(a), and the regulations promulgated at 40 C.F.R. 302.6 and 40 C.F.R. Part 355, Subpart C, respectively. By this letter, the EPA is extending to you an opportunity to advise the Agency via a conference call, or in writing, of any further information the EPA should consider with respect to the potential violations. Enclosed is a listing of the potential violations the EPA has identified at the facility located at 15760 West Power Line Street, Crystal River, Florida (the facility). This list is based on information the EPA received from the National Response Center and gained through follow-up investigations. The potential violations may be subject to an enforcement action pursuant to Section 109 of CERCLA, 42 U.S.C. 9609, and Section 325 of EPCRA, 42 U.S.C. 11045, which provides for the administrative assessment of penalties, and/or the initiation of civil action. To resolve the potential violations, the EPA requests that a representative of the facility contact Tony Spann of my staff at (404) 562-8971, or via email at Spann.Tony@epa.gov, within seven (7) calendar days of receipt of this letter to make arrangements to schedule a teleconference to discuss the potential violations and the EPA's possible enforcement action. Please inform Tony Spann if you intend to have legal representation present during these discussions. The facility may voluntarily submit any documentation or information that it would like the EPA to review in advance of any teleconference on the matter as to why you believe the EPA should not take an enforcement action with respect to the potential violations summarized in the enclosure. If the facility decides to submit such documentation or information, the EPA respectively requests that the facility does so two weeks in advance of any teleconference on the matter. If you have questions regarding the type of information that should be submitted to the EPA or any other questions regarding this matter, please contact Tony Spann at the contact information identified above. In addition, a copy of the Enforcement Response Policy for CERCLA Section 103 and EPCRA Section 304 can be found at https://www.epa.gov/sites/production/files/documents/epcra304.pdf. Sincerely, JASON DRESSLER Digitally signed by JASON DRESSLER Date: 2024.05.14 12:17:38 -04'00' Jason Dressler Chief North Air Enforcement Section Enclosure Section of Potential Violations CERCLA Section 103(a) EPCRA Section 304(a) POTENTIAL VIOLATIONS Nature of Potential Violations Failure to immediately notify the National Response Center after a reportable quantity (RQ) of Sulfur Dioxide was released from your facility located at 15760 West Power Line Street, Crystal River, Florida 34428 on August 21, 2023. Failure to immediately notify the State Emergency Response Commission (SERC) and the Local Emergency Planning Committee (LEPC) after a RQ of Sulfur Dioxide was released from your facility located at 15760 West Power Line Street, Crystal River, Florida 34428 on August 21, 2023.