EPA v. PULASKI, TN, CITY OF (WATER TREATMENT PLANT)

Case summary

5/12/09 - EXPEDITED SETTLEMENT AGREEMENT ISSUED, ASSESSING A PENALTY OF $1,080, DUE WITHIN 15 DAYS. VIOLATIONS: EPA ALLEGES THAT THE RESPONDENT VIOLATED THE CAA'S CHEMICAL ACCIDENT PREVENTION PROGRAM WHEN RESPONDENT DID NOT PROVIDE EVIDENCE THAT: AS PART OF ITS SAFETY INFO DOCUMENTATION, IT HAS COMPILED AND MAINTAINED THE FOLLOWING INFORMATION PERTAINING TO THE TECHNOLOGY OF THE PROCESS AS REQUIRED BY 40 CFR 68.65(c)(1): (iii) MAXIMUM INTENDED INVENTORY; (iv) SAFE UPPER AND LOWER LIMITS FOR SUCH ITEMS AS TEMPERATURES, PRESSURES, FLOWS, OR COMPOSITIONS; AND (v) AN EVALUATION OF THE CONSEQUENCES OF DEVIATION; AS PART OF ITS SAFETY INFO DOCUMENTATION, IT HAS COMPILED AND MAINTAINED THE FOLLOWING INFO PERTAINING TO THE EQUIPMENT IN THE PROCESS AS REQUIRED BY 40 CFR 68.65(d)(1): (i) MATERIALS OF CONSTRUCTION; (iii) ELECTRICAL CLASSIFICATION; (v) VENTILATION SYSTEM DESIGN; (vi) DESIGN CODES AND STANDARDS EMPLOYED; AND (viii) SAFETY SYSTEMS (E.G., INTERLOCKS, DETECTION OR SUPPRESSION SYSTEMS); IT HAS UPDATED AND REVALIDATED ITS PROCESS HAZARD ANALYSIS AT LEAST EVERY 5 YRS AS REQUIRED BY 40 CFR 68.67(f); IT HAS DEVELOPED AND IMPLEMENTED WRITTEN OPERATING PROCEDURES THAT ADDRESS THE FOLLOWING ELEMENTS FOUND AT 40 CFR 68.69(a): (3) SAFETY AND HEALTH CONSIDERATION, INCLUDING (i) PROPERTIES OF, AND HAZARDS PRESENTED BY THE CHEMICALS USED IN THE PROCESS; (ii) PRECAUTIONS NECESSARY TO PREVENT EXPOSURE, INCLUDING ENGINEERING CONTROLS, ADMINISTRATIVE CONTROLS AND PERSONAL PROTECTIVE EQUIPMENT; AND (iii) CONTROL MEASURES TO BE TAKEN IF PHYSICAL CONTACT OR AIRBORNE EXPOSURE OCCURS; IT HAS ANNUALLY CERTIFIED THAT ITS OPERATING PROCEDURES ARE CURRENT AND ACCURATE AS REQUIRED BY 40 CFR 68.69(c); IT HAS PREPARED A RECORD OF TRAINING ON OPERATING PROCEDURES (REFRESHER TRAINING IS REQUIRED AT LEAST EVERY 3 YRS) WHICH CONTAINS THE IDENTITY OF THE EMPLOYEE, THE DATE OF TRAINING AND THE MEANS USED TO VERIFY THAT THE EMPLOYEE UNDERSTOOD THE TRAINING AS REQUIRED BY 40 CFR 68.71(c); AND IT HAS CONDUCTED AUDITS TO EVALUATE ITS COMPLIANCE WITH THE CHEMICAL ACCIDENT PREVENTION PROGRAM REQUIREMENTS AT LEAST EVERY 3 YRS, AND BASED ON SUCH AUDITS, CERTIFIED THAT THE PROCEDURES AND PRACTICES ARE ADEQUATE AND ARE BEING FOLLOWED AS REQUIRED BY 40 CFR 68.79(a).

Defendants (1)

• PULASKI, TN, WATER TREATMENT PLANT (SB)Named in complaintNamed in settlement

Facilities (1)

• PULASKI WATER TREATMENT PLANT

  423 WEST SHOAL STREET, PULASKI, TN, 38478

  Registry ID: 110000559404

Statutes cited

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

Enforcement conclusions (1)

• PULASKI, TN, CITY OF (WATER TREATMENT PLANT)entered 2009-05-12

  Primary law: CAA

  Federal penalty: $1,080

Timeline (4 milestones)

• 2009-05-12Final Order Issued
• 2009-05-12Complaint Filed/Proposed Order
• 2009-06-02Enforcement Action Closed
• 2009-06-23Enforcement Action Data Entered