EPA v. SMYRNA, TN, TOWN OF

Case summary

1/27/09 - EXPEDITED SETTLEMENT AGMT ISSUED, ASSESSING A PENALTY OF $1,080. ALLEGED VIOLATIONS: BASED ON A COMPLIANCE MONITORING INSPECTION, EPA ALLEGES THAT RESPONDENT VIOLATED THE CAA'S CEHMICAL ACCIDENT PREVENTION PROGRAM WHEN RESPONDENT DID NOT PROVIDE EVIDENCE THAT: (1) IT HAD PERFORMED A PROCESS HAZARD ANALYSIS USING A TEAM WITH EXPERTISE IN ENGINEERING AND PROCESS OPERATIONS TO IDENTIFY, EVALUATE AND CONTROL PROCESS HAZARDS AS REQUIRED BY 40 CFR 68.67(a); AND (2) IT HAD DEVELOPED 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 (40 CFR 68.69(a)(1)(iv)); AND (b) STARTUP FOLLOWING A TURNAROUND, OR AFTER AN EMERGENCY SHUTDOWN (40 CFR 68.69(a)(1)(vii)) AND SAFETY AND HEALTH 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 CR 68.69(a)(3)(iii)). (3) IT HAS ANNUALLY CERTIFIED THAT OPERATING PROCEDURES ARE CURRENT AND ACCURATE (40 CFR 68.69(c)).

Defendants (1)

• SMYRNA, TN, TOWN OF (SB)Named in complaintNamed in settlement

Facilities (1)

• SMYRNA WATER TREATMENT PLANT

  156 SHARP SPRINGS ROAD, SMYRNA, TN, 37167

  Registry ID: 110000533986

Statutes cited

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

Enforcement conclusions (1)

• SMYRNA, TN, TOWN OFentered 2009-01-27

  Primary law: CAA

  Federal penalty: $1,080

Timeline (3 milestones)

• 2009-01-27Final Order Issued
• 2009-01-27Complaint Filed/Proposed Order
• 2009-02-11Enforcement Action Data Entered