EPA v. DYERSBURG, TN, CITY OF

Case summary

7/19/05 - EXPEDITED SETTLEMENT AGREEMENT ISSUED, ASSESSING A PENALTY OF $4,620. PENALTY PAID. VIOLATIONS: 1. FAILURE TO DOCUMENT AND COMPILE AS PART OF THE PROCESS SAFETY INFORMATION: INFORMATION PERTAINING TO THE TECHNOLOGY OF THE PROCESS: (a) A BLOW FLOW DIAGRAM OR SIMPLIFIED PROCESS FLOW DIAGRAM; (b) MAXIMUM INTENDED INVENTORY (WASTE WATER PLANT ONLY); (c) SAFE UPPER AND LOWER LIMITS FOR SUCH ITEMS AS TEMPERATURE, PRESSURES, FLOWS, AND COMPOSITIONS (WATER WATER PLANT ONLY); AND (d) AN EVALUATION OF THE CONSEQUENCES OF DEVIATIONS. 2. FAILURE TO PERFORM THE PROCESS HAZARD ANALYSIS (PHA) USING A TEAM WITH EXPERTISE IN ENGINEERING AND PROCESS OPERATIONS WHICH INCLUDED ONE MEMBER KNOWLEDGEABLE IN THE SPECIFIC PHA METHODOLOGY THAT WAS USED. 3. FAILURE TO DEVELOP A WRITTEN SCHEDULE OF WHEN PHA ACTION ITEMS WERE TO BE COMPLETED. 4. FAILURE TO DEVELOP WRITTEN OPERATING PROCEDURES WHICH ADDRESS THE FOLLOWING: STEPS FOR EACH OPERATING PHASE: (a) EMERGENCY SHUTDOWN INCLUDING THE CONDITIONS UNDER WHICH EMERGENCY SHUTDOWN IS REQUIRED, AND THE ASSIGNMENT OF SHUTDOWN RESPONSIBILITY TO QUALIFIED OPERATORS TO ENSURE THAT EMERGENCY SHUTDOWN IS EXECUTED IN A SAFE AND TIMELY MANNER (WASTE WATER PLANT ONLY). (b) NORMAL SHUTDOWN (WASTE WATER PLANT ONLY), AND (c) STARTUP FOLLOWING A TURNAROUND, OR AFTER AN EMERGENCY SHUTDOWN (WASTE WATER PLANT ONLY). OPERATING LIMITS: (a) CONSEQUENCES OF DEVIATION (WASTE WATER PLANT ONLY), AND (b) STEPS REQUIRED TO CORRECT OR AVOID DEVIATION (WASTE WATER PLANT ONLY). SAFETY AND HEALTH CONSIDERATIONS: (a) PROPERTIES OF, AND HAZARDS PRESENTED BY PROCESS CHEMICALS (WASTE WATER PLANT ONLY), (b) PRECAUTIONS NECESSARY TO PREVENT EXPOSURE, INCLUDING ENGINEERING CONTROLS, ADMINISTRATIVE CONTROLS AND PERSONAL PROTECTIVE EQUIPMENT (WASTE WATER PLANT ONLY), AND (c) CONTROL MEASURES TO BE TAKEN IF PHYSICAL CONTACT OR AIRBORNE EXPOSURE OCCURS (WASTE WATER PLANT ONLY). 5. FAILURE TO ANNUALLY CERTIFY THAT OPERATING PROCEDURES ARE CURRENT AND ACCURATE. 6. FAILURE TO DEVELOP AND IMPLEMENT SAFE WORK PRACTICES TO PROVIDE FOR THE CONTROL OF HAZARDS DURING SPECIFIC OPERATIONS, SUCH AS LOCKOUT/TAGOUT PROCEDURES (WATER PLANT ONLY). 7. FAILURE TO PREPARE A RECORD OF TRAINING ON OPERATING PROCEDURES WHICH CONTAINS THE IDENTIFY OF THE EMPLOYEE, THE DATE OF TRIANING AND THE MEANS USED TO VERIFY THAT THE EMPLOYEE UNDERSTOOD THE TRAINING. 8. FAILURE TO CONDUCT AN AUDIT, AND CERTIFY BASED ON SUCH AUDIT, THAT THE STATIONARY SOURCE HAS EVALUATED COMPLIANCE WITH THE PROVISIONS OF THE PREVENTION PROGRAM AT LEAST EVERY 3 YEARS TO VERIFY THAT THE DEVELOPED PROCEDURES AND PRACTICES ARE ADEQUATE AND ARE BEING FOLLOWED.

Defendants (1)

• DYERSBURG, TN, CITY OFNamed in complaintNamed in settlement

Facilities (2)

• CITY OF DYERSBURG WATER PLANT

  476 MALL BLVD, DYERSBURG, TN, 38024

  Registry ID: 110000536340

• CITY OF DYERSBURG WASTEWATER PLANT

  HONEYDEW LANE, DYERSBURG, TN, 38024

  Registry ID: 110000726260

Statutes cited

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

Enforcement conclusions (1)

• DYERSBURG, TN, CITY OFentered 2005-07-19

  Primary law: CAA

  Federal penalty: $4,620

Timeline (4 milestones)

• 2005-07-19Enforcement Action Closed
• 2005-07-19Complaint Filed/Proposed Order
• 2005-07-19Final Order Issued
• 2005-07-25Enforcement Action Data Entered