EPA v. MILLINGTON, TN, CITY OF

Case summary

10/25/05 - EXPEDITED SETTLEMENT AGREEMENT ISSUED, ASSESSING A PENALTY OF $720. ALLEGED VIOLATIONS: EPA FOUND THAT THE RESPONDENT HAD VIOLATED THE REGULATIONS IMPLEMENTING SECTION 112(r) OF THE CAA BY FAILING TO COMPLY WITH THE REQUIREMENTS OF 40 CFR SECTION 68. THE SPECIFIC ALLEGED VIOLATIONS CITED BELOW ARE RELEVANT TO THE CHLORINE PROCESS: FAILURE TO DOCUMENT AND COMPILE AS PART OF THE PROCESS SAFETY INFORMATION: INFORMATION PERTAINING TO THE TECHNOLOGY OF THE PROCESS: A BLOCK FLOW DIAGRAM OR SIMPLIFIED PROCESS FLOW DIAGRAM (40 CFR 68.65(c)(1)(i) AND INFORMATION PERTAINING TO THE EQUIPMENT IN THE PROCESS: (a) MATERIALS OF CONSTRUCTION (40 CFR 68.65(d)(1)(i); (b) ELECTRICAL CLASSIFICATION (40 CFR 68.65(d)(1)(iii); AND (c) VENTILATION SYSTEM DESIGN (40 CFR 68.65(d)(1)(v)). FAILURE TO ADDRESS THE FOLLOWING AS PART OF THE PROCESS HAZARD ANALYSIS: (a) STATIONARY SOURCE SITING (40 CFR 68.67(c)(5)); AND (b) HUMAN FACTORS (40 CFR 68.67(c)(5)) (40 CFR 68.67(d)). FAILURE TO DEVELOPMENT WRITTEN OPERATING PROCEDURES WHICH ADDRESS THE FOLLOWING: SAFETY AND HEALTHY CONSIDERATIONS: (a) PROPERTIES OF, AND HAZARDS PRESENTED BY PROCESS CHEMICALS (40 CFR 68.69(a)(3)(i)); AND (b) CONTROL MEASURES TO BE TAKEN IF PHYSICAL CONTACT OR AIRBORNE EXPOSURE OCCURS (40 CFR 68.69(a)(3)(iii)). FAILURE TO ANNUALLY CERTIFY THAT OPERATING PROCEDURES ARE CURRENT AND ACCURATE (40 CFR 68.69(c)).

Defendants (1)

• MILLINGTON, TN, CITY OFNamed in complaintNamed in settlement

Statutes cited

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

Enforcement conclusions (1)

• MILLINGTON, TN, CITY OFentered 2005-10-25

  Primary law: CAA

  Federal penalty: $720

Timeline (4 milestones)

• 2005-10-25Complaint Filed/Proposed Order
• 2005-10-25Final Order Issued
• 2005-11-07Enforcement Action Closed
• 2006-02-06Enforcement Action Data Entered