EPA v. AMERIGAS-COLUMBIA RAIL TERMINAL

Case summary

8/6/2009 - EXPEDITED SETTLEMENT AGREEMENT ISSUED, ASSESSING A PENALTY OF $2760. RESPONDENT SHALL MAKE PAYMENT WITHIN FIFTEEN DAYS. ORDER ALLEGES: BASED ON A COMPLIANCE MONITORING INSPECTION CONDUCTED ON FEBRUARY 27, 2008, EPA ALLEGES THAT THE RESPONDENT VIOLATED THE ACT'S CHEMICAL ACCIDENT PREVENTION PROGRAM WHEN RESPONDENT DID NOT PROVIDE EVIDENCE THAT: 8/6/2009 - EXPEDITED SETTLEMENT AGREEMENT ISSUED, ASSESSING A PENALTY OF $3,360. RESPONDENT SHALL MAKE PAYMENT WITHIN FIFTEEN DAYS. ORDER ALLEGES: BASED ON A COMPLIANCE MONITORING INSPECTION CONDUCTED AT THE RESPONDENT'S FACILITY, ON AUGUST 29, 2007, EPA ALLEGES RESPONDENT VIOLATED THE ACT'S CHEMICAL ACCIDENT PREVENTION PROGRAM WHEN RESPONDENT DID NOT PROVIDE EVIDENCE THAT: AS PART OF ITS 2006 PROCESS HAZARD ANALYSIS (PHA), IT ESTABLISHED A SYSTEM TO PROMPTLY ADDRESS THE PHA FINDINGS AND RECOMMENDATIONS, AND DOCUMENTED CLOSURE OF SUCH FINDINGS AND RECOMMENDATIONS AS REQUIRED BY 40 CFR SECTION 68.67(e); IT HAS IMPLEMENTED WRITTEN OPERATING PROCEDURES THAT ADDRESS THE FOLLOWING ELEMENTS FOUND AT 40 CFR SECTION 68.69(a); (3) SAFETY AND HEALTH CONSIDERATIONS, INCLUDING (i) PROPERTIIES 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 (ii) CONTROL MEASURES TO BE TAKEN IF PHYSICAL CONTACT OR AIRBORNE EXPOSURE OCCURS; IT HAS ANNUALLY CERTIFIED THAT ITS OPERATING PROCEDURES ARE CURRENT AND ACCURATE AND THAT PROCEDURES HAVE BEEN REVIEWED AS OFTEN AS NECESSARY AS REQUIRED BY 40 CFR SECTION 68.69(c); IT HAS CONDUCTED AUDITS TO EVALUATE ITS COMPLIANCE WITH THE CHEMICAL ACCIDENT PREVENTION PROGRAM REQUIREMENTS AT LEAST EVERY THREEE YEARS AS REQUIRED BY 40 CFR SECTION 68.79(a); IT HAS DEVELOPED AND IMPLEMENTED SAFE WORK PRACTICES CONSISTENT WITH SECTIN 68.69(d), TO CONTROL THE ENTRANCE, PRESENCE, AND EXIT OF CONTRACT EMPLOYEES IN THE COVERED PROCESS AREAS AS REQUIRED BY 40 CFR SECTION 68.87(b)(4); AND IT REVIEWED, UPDATED AND SUBMITTED ITS RISK MANAGEMENT PLAN (RMPlan) NO LATER THAN THE DATE ON WHICH A REGULATED SUBSTANCE WAS FRIST PRESENT ABOVE A THRESHOLD QUANTITY IN A PROCESS. THE RESPONDENT ADDED A COVERED BUTNE PROCESS IN 2006. THE CURRENT RMPlan FOR THE AMERIGAS-COLUMBIA RAIL TERMINAL DOES NOT REFLECT THIS PROCESS. FAILURE TO REVIEW, UUPDATED AND RESUBMIT THE RMPlan ON OR BEFORE THE DATE A REGULATED SUBSTANCE IS PRESENT ABOVE A THRESHOLD QUANTITY IN A PROCESS IS A VIOILATION OF THE RISK MANAGEMENT PROGRAM REGULATIONS PROMULGATED AT 40 CFR SECTION 68.190(b)(4) UNDER SECTION 112(r) OF THE ACT.

Defendants (1)

• AMERIGAS-COLUMBIA RAIL TERMINALNamed in complaintNamed in settlement

Facilities (1)

• AMERIGAS-COLUMBIA RAIL TERMINAL

  409 CEMETERY AVENUE, COLUMBIA, TN, 38401-4244

  Registry ID: 110002054204

Statutes cited

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

Enforcement conclusions (1)

• AMERIGAS-COLUMBIA RAIL TERMINALentered 2009-08-06

  Primary law: CAA

  Federal penalty: $2,760

Timeline (4 milestones)

• 2009-08-06Complaint Filed/Proposed Order
• 2009-08-06Final Order Issued
• 2009-08-07Enforcement Action Data Entered
• 2009-08-19Enforcement Action Closed