EPA v. FRANKLIN, TN, CITY OF

Case summary

5/11/09 - EXPEDITED SETTLEMENT AGREEMENT ISSUED, ASSESSING A PENALTY OF $2,160, DUE WITHIN 15 DAYS. ALLEGED VIOLATIONS: EPA ALLEGES THAT THE RESPONDENT VIOLATED THE CAA'S CHEMICAL ACCIDENT PREVENTION PROGRAM WHEN RESPONDENT DID NOT PROVIDE EVIDENCE THAT: IT HAS PERFORMED AND DOCUMENTED AN INITIAL PROCESS HAZARD ANALYSIS, TO IDENTIFY, EVALUATE, AND CONTROL THE HAZARDS INVOLVED IN THE PROCESS AS REQUIRED BY 40 CFR 68.67(a); IT HAS ANNUALLY CERTIFIED THAT ITS OPERATING PROCEDURES ARE CURRENT AND ACCURATE AS REUQIRED BY 40 CFR 68.69(c); IT HAS PREPARED A RECORD OF TRAINING ON OPERATING PROCEDURES (REFRESHER TRAINING IS REQUIRED AT LEAST EVERY 3 YEARS) 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 YEARS, 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)

• FRANKLIN, TN, CITY OF (SB)Named in complaintNamed in settlement

Facilities (1)

• CITY OF FRANKLIN WATER TREATMENT PLANT

  838 LEWISBURG PIKE, FRANKLIN, TN, 37064-5726

  Registry ID: 110000755175

Statutes cited

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

Enforcement conclusions (1)

• FRANKLIN, TN, CITY OFentered 2009-05-11

  Primary law: CAA

  Federal penalty: $2,160

Timeline (4 milestones)

• 2009-05-11Complaint Filed/Proposed Order
• 2009-05-11Final Order Issued
• 2009-05-22Enforcement Action Data Entered
• 2009-06-01Enforcement Action Closed