EPA v. TURNER HOLDINGS, LLC

Case summary

4/1/05 - EXPEDITED SETTLEMENT AGREEMENT ISSUED, ASSESSING A PENALTY OF $5,220. VIOLATIONS: 1. FAILURE TO DOCUMENT THE FOLLOWING PROCESS SAFETY INFORMATION FOR PROCESS TECHNOLOGY: A BLOCK FLOW DIAGRAM OR SIMPLIFIED FLOW DIAGRAM (40 CFR 68.65(c)(1)(i); MAXIMUM INTENDED INVENTORY (40 CFR 68.65(c)(1)(iii); SAFE UPPER AND LOWER LIMITS FOR TEMPERATURES, PRESSURES, FLOWS, OR COMPOSITIONS (40 CFR 68.65(c)(1)(iv); AND AN EVALUTION OF THE CONSEQUENCES OF DEVIATIONS (40 CFR 68.65(c)(1)(v). 2. FAILURE TO DOCUMENT THE FOLLOWING PROCESS SAFETY INFORMATION FOR PROCESS EQUIPMENT: MATERIALS OF CONSTRUCTION (40 CFR 68.65(d)(1)(i); PIPING AND INSTRUMENT DIAGRAMS (40 CFR 68.65(d)(1)(ii); RELIEF SYSTEM DESIGN AND DESIGN BASIS (40 CFR 68.65(d)(1)(iii); ELECTRICAL CLASSIFICATION (40 CFR 68.65(d)(1)(iv); VENTILATION SYSTEM DESIGN (40 CFR 68.65(d)(1)(v); DESIGN CODES AND STANDARDS EMPLOYED (40 CFR 68.65(d)(1)(vi); AND SAFETY SYSTEMS (40 CFR 68.65(d)(1)(viii). 3. FAILURE TO DOCUMENT THE FOLLOWING AS PART OF THE PROCESS HAZARD ANALYSIS: THE HAZARDS OF THE PROCESS (40 CFR 68.67(c)(1)); ENGINEERING AND ADMINISTRATIVE CONTROLS APPLICABLE TO HAZARDS AND INTERRELATIONSHIPS (40 CFR 68.67(c)(3)); CONSEQUENCES OF FAILURE OF ENGINEERING AND ADMINISTRATIVE CONTROLS (40 CFR 68.67(c)(4)); STATIONARY SOUCE SITING (40 CFR 68.67(c)(5)); HUMAN FACTORS (40 CFR 68.67(c)(6); AND AN EVALUATION OF A RANGE OF THE POSSIBLE SAFETY AND HEALTH EFFECTS OF FAILURE OF CONTROLS (40 CFR 68.67(c)(7)). 4. FAILURE TO DEVELOP AND IMPLEMENT WRITTEN OPERATING PROCEDURES (40 CFR 68.69(a)). 5. FAILURE TO CERTIFY ANNUALLY THAT THE OPERATING PROCEDURES ARE CURRENT AND ACCURATE AND THAT PROCEDURES HAVE BEEN REVIEWED AS OFTEN AS NECESSARY (40 CFR 68.69(c)). 6. FAILURE TO PROVIDE REFRESHER TRAINING AT LEAST EVERY 3 YEARS TO EACH EMPLOYEE INVOLVED IN OPERATING A PROCESS TO ASSURE THAT THE EMPLOYEE UNDERSTANDS AND ADHERES TO THE CURRENT OPERATING PROCEDURES OF THE PROCESS (40 CFR 68.71(b)). 7. FAILURE TO CORRECT DEFICIENCIES IN EQUIPMENT THAT WERE OUTSIDE ACCEPTABLE LIMITS BEFORE FURTHER USE, OR IN A SAFE AND TIMELY MANNER (40 CFR 68.73(E)). 8. FAILURE TO PERFORM AN AUDIT, AND CERTIFY THAT THE STATIONARY SOURCE HAS EVALUATED COMPLIANCE WITH THE PROVISIONS OF THE PREVENTION PROGRAM AT LEAST EVERY 3 YEARS (40 CFR 68.79(a). 9. FAILURE TO ISSUE A HOT WORK PERMIT FOR EACH HOT WORK OPERATION CONDUCTED ON OR NEAR A COVERED PROCESS (40 CFR 68.85(a))

Defendants (1)

• TURNER HOLDINGS, LLCNamed in complaintNamed in settlement

Facilities (1)

• TURNER HOLDINGS LLC - COVINGTON, TENNESSEE

  653 TURNER LANE, COVINGTON, TN, 38019

  Registry ID: 110063112037

Statutes cited

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

Enforcement conclusions (1)

• TURNER HOLDINGS, LLCentered 2005-04-01

  Primary law: CAA

  Federal penalty: $5,220

Timeline (4 milestones)

• 2005-04-01Enforcement Action Closed
• 2005-04-01Complaint Filed/Proposed Order
• 2005-04-01Final Order Issued
• 2005-04-05Enforcement Action Data Entered