EPA v. WHITEHOUSE UTILITY DISTRICT

Case summary

2/6/06 - EXPEDITED SETTLEMENT AGREEMENT ISSUED, ASSESSING A PENALTY OF $2,940, DUE WITHIN 15 DAYS. ALLEGED VIOLATIONS: THE SPECIFIC ALLEGED VIOLATIONS CITED BELOW ARE RELEVANT TO THE CHLORINE PROCESS: 1. 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)). 2. FAILURE TO PERFORM THE INITIAL PROCESS HAZARD ANALYSIS (40 CFR 68.67(a)). 3. FAILURE TO UPDATE AND REVALIDATE THE PHA EVERY 5 YEARS (40 CFR 68.67(f)). 4. FAILURE TO DEVELOP WRITTEN OPERATING PROCEDURE WHICH ADDRESS THE FOLLOWING: STEPS FOR EACH OPERATING PHASE: EMERGENCY SHUTDOWN (40 CFR 68.69(a)(1)iv)); OPERATING LIMITS: (a)CONSEQUENCES OF DEVIATIONS (40 CFR 68.69(a)(2)(i)); AND (b) STEPS REQUIRED TO CORRECT OR AVOID DEVIATION (40 CFR 68.69(a)(2)(ii)); SAFETY AND HEALTH CONSIDERATIONS: (a) PROPERTIES OF, AND HAZARDS PRESENTED BY PROCESS CHEMICALS (40 CFR 68.69(a)(3)(i)); (b) PRECAUTIONS NECESSARY TO PREVENT EXPOSURE, INCLUDING ENGINEERING CONTROLS, ADMINISTRATIVE CONTROLS AND PERSONAL PROTECTIVE EQUIPMENT (40 CFR 68.69(a)(3)(ii); AND (c) CONTROL MEASURES TO BE TAKEN IF PHYSICAL CONTACT OR AIRBORNE EXPOSURE OCCURS (40 CFR 68.69(a)(3)(iii); AND SAFETY SYSTEMS AND THEIR FUNCTIONS (40 CFR 68.69(a)(4)). 5. FAILURE TO ANNUALLY CERTIFY THAT OPERATING PROCEDURES ARE CURRENT AND ACCURATE (40 CFR 68.69(c)). 6. FAILURE TO DEVELOP AND IMPLEMENT A FORMAL LOCKOUT/TAGOUT PROGRAM TO CONTROL HAZARDOUS ENERGY (40 CFR 68.69(d)). 7. FAILURE TO CONDUCT A RISK MANAGEMENT PROGRAM AUDIT EVERY 3 YEARS AND CERTIFY BASED ON SUCH AUDIT THAT THE STATIONARY SOURCE HAS EVALUATED COMPLIANCE WITH THE REQUIREMENTS OF THE ACCIDENT PREVENTION PROGRAM TO VERIFY THAT DEVELOPED PROCEDURES AND PRACTICES ARE ADEQUATE AND BEING FOLLOWED (40 CFR 68.79(a)).

Defendants (1)

• WHITEHOUSE UTILITY DISTRICT (SB)Named in complaintNamed in settlement

Facilities (3)

• WHITEHOUSE UTILITY DISTRICT WATER TREATMENT PLANT

  317 ROCKLAND ROAD, HENDERSONVILLE, TN, 37075-3468

  Registry ID: 110037444478

• WHITEHOUSE UTILITY DISTRICT WATER TREATMENT PLANT

  317 ROCKLAND ROAD, HENDERSONVILLE, TN, 37075-3468

  Registry ID: 110037444478

• WHITEHOUSE UTILITY DISTRICT WATER TREATMENT PLANT

  317 ROCKLAND ROAD, HENDERSONVILLE, TN, 37075-3468

  Registry ID: 110037444478

Statutes cited

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

Enforcement conclusions (1)

• WHITEHOUSE UTILITY DISTRICTentered 2006-02-06

  Primary law: CAA

  Federal penalty: $2,940

Timeline (4 milestones)

• 2006-02-06Complaint Filed/Proposed Order
• 2006-02-06Final Order Issued
• 2006-02-15Enforcement Action Data Entered
• 2006-02-25Enforcement Action Closed