EPA v. WATER TREATMENT PLANT

Case summary

6/5/2009 - EXPEDITED SETTLEMENT AGREEMENT ISSUED, ASSESSING A PENALTY OF $1410. BASED ON A COMPLIANCE MONITORING INSPECTION CONDUCTED AT THE RESPONDENT'S FACILITY ON SEPTEMBER 5, 2007, EPA ALLEGES THAT THE RESPONDENT VIOLATED THE ACT'S CHEMICAL ACCIDENT PREVENTION PROGRAM WHEN RESPONDENT DID NOT PROVIDENCE 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 SECTION 68.67(a): IT HAS 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 AS REQUIRED BY 40 CFR SECTION 68.69(a)(1)(iv): IT HAS DEVELOPED AND IMPLEMENTED WRITTEN OPERATING PROCEDURES THAT ADDRESS THE FOLLOWING ELEMENTS FOUND AT 40 CFR SECTIN 68.60(a): (3) SAFETY AND HEALTH CONSIDERATIONS,INCLUDING (i) PROPERTIES OF, AND HAZARDS PRESENTED BY THE CHEMICALS USED IN THE PROCESS; AND (iii) CONTROL MEASURES TO BE TAKEN IF PHYSICAL CONTACT OR AIRBORNE EXPOSURE OCCURS; IT IMPLEMENTED ITS MANAGEMENT OF CHANGE PROCEDURES WHEN IT ADDED THE AUTOMATIC CHANGE OVER SYSTEM TO THE PROCESS AS REQUIRED BY 40 CFR SECTION 68.75(a); AND IT HAS CONDUCTED AUDITS TO EVALUATE ITS COMPLIANCE WITH THE CHEMICAL ACCIDENT PREVENTION PROGRAM REQUIREMENTS AT LEAST EVERY THREE YEARS, AND BASED ON SUCH AUDITS, CERTIFIED THAT THE PROCEDURES AND PRACTICES ARE ADEQUATE AND ARE BEING FOLLOWED AS REQUIRED BY 40 CFR SECTION 68.79(a).

Defendants (1)

• WATER TREATMENT PLANT (SB)Named in complaintNamed in settlement

Facilities (1)

• LIVINGSTON WATER TREATMENT PLANT

  129 WATERPLANT LN., LIVINGSTON, TN, 38570

  Registry ID: 110000553384

Statutes cited

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

Enforcement conclusions (1)

• WATER TREATMENT PLANTentered 2009-06-05

  Primary law: CAA

  Federal penalty: $1,410

Timeline (4 milestones)

• 2009-06-05Final Order Issued
• 2009-06-05Complaint Filed/Proposed Order
• 2009-06-24Enforcement Action Data Entered
• 2009-07-15Enforcement Action Closed