EPA v. DOWNINGTOWN REGIONAL WATER AUTHORITY (DOWNINGTOWN WASTEWATER TREATMENT FACILITY

Case summary

On June 20, 2023, Region 3 filed an ESA with Downingtown , a waste water treatement facility in Downingtown, PA, to settle violations of Section 112(r) of the CAA, which requires chemical accident prevention planning at facilities that use specific hazardous substances. During a Risk Management Program (RMP) inspection by the Oil and Prevention Enforcement Section (OPES) on April 12, 2022, EPA found the following violations 1. From at least 6/20/2019 until, 4/6/2022 Respondent failed to certify annually that the operating procedures are current and accurate., in violation of 40 C.F.R. 68.69(c); and 2. From at least 2016 until 2019, Respondent failed to certify that they have evaluated compliance with the provisions of this subpart at least every three years to verify that procedures and practices developed under this subpart are adequate in violation of 40 C.F.R. 68.79(a). 3. From at least 9/18/1994 (facility opening date) until ,4/12/2022 facility failed to install air intake for the chlorine building correctly. The air intake for a chlorine building should not be on the floor and should be moved to a higher elevation to allow the adequate removal of chlorine in a release event. The item was not installed in accordance with the recognized and generally accepted good engineering practices (Chlorine Institute Pamphlet 155) at the time of installation, in violation of 40 C.F.R. 68.65(d)(2). Downingtown is not located in an area of potential Environmental Justice (EJ) concern. The ESA requires the facility to pay a penalty of $1,440.00 dollars.

Defendants (1)

• DOWNINGTOWN REGIONAL WATER AUTHORITYNamed in complaintNamed in settlement

Facilities (1)

• DOWNINGTOWN WASTEWATER TREATMENT FACILITY

  550 BRANDYWINE AVENUE, DOWNINGTOWN, PA, 19335

  Registry ID: 110000550895

Statutes cited

• CAA 112[R][7] — Prevention of Accidental Release/Risk Management Plans (RMPs)
• CAA 112[R][1] — Prevention of Accidental Release/General Duty Clause

Enforcement conclusions (1)

• DOWNINGTOWN REGIONAL WATER AUTHORITY (DOWNINGTOWN WASTEWATER TREATMENT FACILITYentered 2023-06-20

  Primary law: CAA

  Federal penalty: $1,440

Timeline (4 milestones)

• 2023-06-20Final Order Issued
• 2023-06-20Complaint Filed/Proposed Order
• 2023-07-14Enforcement Action Data Entered
• 2023-08-01Enforcement Action Closed