EPA v. TENNESSEE AMERICAN WATER (CITICO WATER TREATMENT PLANT)

Case summary

4/10/07 - EXPEDITED SETTLEMENT AGREEMENT ISSUED, ASSESSING A PENALTY OF $2,160, DUE WITHIN 15 DAYS. ALLEGED VIOLATIONS: RESPONDENT DID NOT PROVIDE EVIDENCE THAT IT HAS RETAINED ALL PROCESS HAZARD ANALYSES FOR THE LIFE OF THE COVERED PROCESS AS REQUIRED BY 40 CFR 68.67(g); RESPONDENT DID NOT PROVIDE EVIDENCE THAT IT HAS DEVELOPED AND IMPLEMENTED WRITTEN OPERATING PROCEDURES THAT ADDRESS THE FOLLOWING ELEMENTS FOUND AT 40 CFR 68.69(a): OPERATING LIMITS, INCLUDING (2)(i) CONSEQUENCES OF DEVIATION AND (2)(ii) STEPS REQUIRED TO CORRECT OR AVOID DEVIATION, SAFETY AND HEALTH CONSIDERATION, INCLUDING (3)(i) PROPERTIES OF, AND HAZARDS PRESENTED BY, THE CHEMICALS USED IN THE PROCESS, AND (3)(iii) CONTROL MEASURES TO BE TAKEN IF PHYSICAL CONTACT OR AIRBORNE EXPOSURE OCCURS; RESPONDENT DID NOT PROVIDE EVIDENCE THAT IT HAS ANNUALLY CERTIFIED THE OPERATING PROCEDURES (I.E., THAT THE PROCEDURES ARE CURRENT AND ACCURATE) ON AN ANNUAL BASIS AS REQUIRED BY 40 CFR 68.69(c); AND RESPONDENT DID NOT PROVIDE EVIDENCE THAT AT LEAST EVERY 3 YRS, RESPONDENT HAS EVALUATED ITS COMPLIANCE WITH THE PREVENTION PROGRAM REQUIREMENTS AND CERTIFIED THAT ITS PROCEDURES AND PRACTICES ARE ADEQUATE AND ARE BEING FOLLOWED AS REQUIRED BY 40 CFR 68.79(a).

Defendants (1)

• TENNESSEE AMERICAN WATERNamed in complaintNamed in settlement

Statutes cited

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

Enforcement conclusions (1)

• TENNESSEE AMERICAN WATER (CITICO WATER TREATMENT PLANT)entered 2007-04-10

  Primary law: CAA

  Federal penalty: $2,160

Timeline (4 milestones)

• 2007-04-10Final Order Issued
• 2007-04-10Complaint Filed/Proposed Order
• 2007-04-25Enforcement Action Closed
• 2007-05-02Enforcement Action Data Entered