EPA v. FAYETTEVILLE WATER TREATMENT PLANT

Case summary

6/5/2009 - EXPEDITED SETTLEMENT AGREEMENT ISSUED, ASSESSING A PENALTY OF $1380. BASED ON A COMPLIANCE MONITORING INSPECTION CONDUCTED A THE RESPONDENT'S FACILITY ON AUGUST 8, 2007, EPA ALLEGES THAT THE RESPONDENT VIOLATED THE CHEMICAL ACCIDENT PREVENTION PROGRAM WHEN RESPONDENT DID NOT PROVIDE EVIDENCE THAT: IT HAS UPDATED AND REVALIDATED ITS PROCESS HAZARD ANALYSIS (PHA) AT LEAST EVERY FIVE YEARS AFTER THE COMPLETION OF THE INITIAL PHA TO ASSURE THAT ITS PHA IS CONSISTENT WITH CURRENT PROCESS AS REQUIRED BY 40 CFR SECTION 68.67(f); 6/5/2009 - EXPEDITED SETTLEMENT AGREEMENT ISSUED, ASSESSING A PENALTY OF $1500. BASED ON A COMPLIANCE MONITORING INSPECTION CONDUCTED A THE RESPONDENT'S FACILITY ON AUGUST 8, 2007, EPA ALLEGES THAT THE RESPONDENT VIOLATED THE CHEMICAL ACCIDENT PREVENTION PROGRAM WHEN RESPONDENT DID NOT PROVIDE EVIDENCE THAT: AS PART OF ITS 2003 PROCESS HAZARD ANALYSIS (PHA), IF ESTABLISHED A SYSTEM TO PROMPTLY ADDRESS THE PHA FINDINGS AND RECOMMENDATIONS, AND DOCUMENT CLOSURE OF SUCH FINDINGS AND RECOMMENDATIONS AS REQUIRED BY 40 CFR SECTION 68.67(e); IT DEVELOPED AND IMPLEMENTED WRITTEN OPERATING PROCEDURES THAT ADDRESS THE FOLLOWING ELEMENTS FOUND AT 40 CFR SECTION 68.69(a); (3) SAFETY AND HEALTH CONSIDERATIONS, INCLUDING (i) PROPERTIES OF, AND HAZARDS PRESENTED BY THE CHEMICALS USED IN THE PROCESS; AND (II)PRECAUTIONS NECESSARY TO PREVENT EXPOSURE, INCLUDING ENGINERRING CONTROLS, ADMINISTATIVE CONTROLS AND PERSONAL PROTECTIVE EQUIPMENT; AND (iii) CONTROL MEASURES TO BE TAKEN IF PHYSICAL CONTACT OR AIRBORNE EXPOSURE OCCURS; AND (4) SAFETY SYSTEMS AND THEIR FUNCTIONS; IT HAS ANNUALLY CERTIFIED THAT THE OPERATING PROCEDURES ARE CURRENT AND ACCURATE AND THAT PROCEDURES HAVE BEEN REVIEWED OFTEN AS NECESSARY AS REQUIRED BY 40 CFR SECTION 68.69(c). IT HAS PREPARED A RECORD OF TRAINING ON OPERATING PROCEDURES (REFRESHER TRAINING IS REQUIRED AT LEAST EVERY THREE YEARS) WHICH CONTAINS THE IDENTITY OF THE EMPLOYEE, THE DATE OF TRAINING AND THE MEANS USED TO VERTIFY THAT THE EMPLOYEE UNDERSTOOD THE TRAINING AS REQUIRED BY 40 CFR SECTION 68.71(c); 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 BEING FOLLOWED AS REQUIRED BY 40 CFR SECTION 68.79(a).

Defendants (1)

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

Facilities (1)

• FPU WATER TREATMENT PLANT

  171 ELDAD ROAD, FAYETTEVILLE, TN, 37334

  Registry ID: 110000562427

Statutes cited

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

Enforcement conclusions (1)

• FAYETTEVILLE WATER TREATMENT PLANTentered 2009-06-05

  Primary law: CAA

  Federal penalty: $1,380

Timeline (4 milestones)

• 2009-06-05Final Order Issued
• 2009-06-05Complaint Filed/Proposed Order
• 2009-06-24Enforcement Action Data Entered
• 2009-06-26Enforcement Action Closed