EPA v. GRAFTON & UPTON RAILROAD

Case summary

On September 27, 2021, EPA filed a Consent Agreement and Final Order (CAFO) with Grafton & Upton Railroad Company (G&U) of North Grafton, Massachusetts resolving alleged violations of the chemical accident prevention requirements of Section 112(r) of the Clean Air Act (CAA) at the company's propane distribution terminal. G&U violated the Risk Management Plan (RMP) regulations that implement CAA Section 112(r)(7) in its handling of propane at the facility. The alleged RMP violations involve failure to file an RMP before starting operations, complete an adequate process hazard analysis, and document pre-startup safety review activities. An EPA inspection, conducted with a propane expert, found that the facility generally was well-designed in accordance with industry standards. However, EPA became concerned about whether the facility's water cannons would be able to activate quickly enough during cold weather, when G&U turns off the water to avoid freezing pipes. The water cannons are used to cool down the propane tanks in the event of a fire. The CAFO requires payment of a $52,000 penalty and certification that the company has come into compliance with 40 C.F.R. Part 68. To improve compliance, G&U hired an expert to review its fire safety, purchased equipment to improve water delivery in the winter, and scheduled more training for responders. The CAFO also addressed public comments provided to EPA. Given public interest in the facility, EPA solicited public input about G&U?s operations when it issued a pre-filing negotiation letter to G&U. CAA 112(r) is a direct implementation program, but EPA took input from state and local partners before settling this action. EPA has notified the Massachusetts Department of Environmental Protection and other local/state authorities of this settlement. There were no environmental justice issues at this facility.

Defendants (1)

• Grafton & Upton Railroad Co.Named in complaintNamed in settlement

Facilities (1)

• GRAFTON & UPTON RAILROAD LPG FACILITY

  42 WESTBORO ROAD, NORTH GRAFTON, MA, 01536

  Registry ID: 110070210205

Statutes cited

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

Enforcement conclusions (1)

• GRAFTON & UPTON RAILROADentered 2021-09-27

  Primary law: CAA

  Federal penalty: $52,000

Timeline (3 milestones)

• 2021-09-27Final Order Issued
• 2021-09-27Complaint Filed/Proposed Order
• 2021-09-30Enforcement Action Data Entered