EPA v. LAWRENCEBURG UTILITY SYSTEMS

Case summary

6/9/10 - EXPEDITED SETTLEMENT AGREEMENT ISSUED, ASSESSING A PENALTY OF $2,800, DUE WITHIN 15 DAYS. ALLEGED VIOLATIONS: EPA ALLEGES THAT RESPONDENT VIOLATED THE CAA'S CHEMICAL ACCIDENT PREVENTION PROGRAM WHEN RESPONDENT DID NOT PROVIDE EVIDENCE THAT: IT HAS DOCUMENTED AND COMPILED AS PART OF THE PROCESS SAFETY INFO THE FOLLOWING PERTAINING TO THE TECHNOLOGY OF THE PROCESS AS REQUIRED BY 40 CFR 68.65(c)(1); (iv) SAFE UPPER AND LOWER LIMITS FOR SUCH ITEMS AS TEMPERATURE, PRESSURES, FLOWS AND COMPOSITIONS, AND (v) AN EVALUATION OF THE CONSEQUENCES OF DEVIATIONS; IT HAS DOCUMENTED AND COMPILED AS PART OF THE PROCESS SAFETY INFO THE FOLLOWING PERTAINING TO THE PROCESS EQUIPMENT AS REQUIRED BY 40 CFR 68.65(d)(1): (i) MATERIALS OF CONSTRUCTION, (ii) PIPING AND INSTRUMENT DIAGRAMS, (iii) ELECTRICAL CLASSIFICATION, (iv) RELIEF SYSTEM DESIGN AND DESIGN BASIS, AND (viii) SAFETY SYSTEMS (e.g., INTERLOCKS, DETECTION OR SUPPRESSION SYSTEMS); IT HAS UPDATED AND REVALIDATED ITS PROCESS HAZARD ANALYSIS AT LEAST EVERY 5 YEARS AS REQUIRED BY 40 CFR 638.67(f); IT HAS ANNUALLY CERTIFIED THAT ITS OPERATING PROCEDURES ARE CURRENT AND ACCURATE AS REQUIRED BY 40 CFR 68.69(c); IT HAS PROVIDED REFRESHER TRAINING, AT LEAST EVERY 3 YRS, TO EMPLOYEES INVOLVED WITH THE COVERED PROCESSES TO ENSURE THAT ITS EMPLOYEES UNDERSTAND AND ADHERE TO THE CURRENT OPERATING PROCEDURES AS REQUIRED BY 40 CFR 68.71(b); IT HAS CONDUCTED COMPLIANCE EVALUATIONS, AT LEAST EVERY 3 YRS, AND BASED ON SUCH EVALUATIONS, CERTIFIED THAT ITS ACCIDENT PREVENTION PROCEDURES AND PRACTICES ARE ADEQUATE AND ARE BEING FOLLOWED AS REQUIRED BY 40 CFR 68.79(a); AND IT HAS REVIEWED, UPDATED AND SUBMITTED ITS RISK MANAGEMENT PLAN (RMPlan) TO EPA AT LEAST EVERY 5 YRS AS REQUIRED BY 40 CFR 68.190(b)(1). THE RESPONDENT'S RMPlan WA DUE FOR ITS 5 YR REVIEW, UPDATE AND RESUBMISSION ON OR BEFORE JUNE 9, 2009. AS OF APR 28, 2009, THE RESPONDENT HAD NOT UPDATED AND RESUBMITTED ITS RMPlan.

Defendants (1)

• LAWRENCEBURG UTILITY SYSTEMS (SB)Named in complaintNamed in settlement

Facilities (1)

• LAWRENCEBURG WATER TREATMENT PLANT

  1120 WEST GAINES, LAWRENCEBURG, TN, 38464

  Registry ID: 110000535261

Statutes cited

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

Enforcement conclusions (1)

• LAWRENCEBURG UTILITY SYSTEMSentered 2010-06-09

  Primary law: CAA

  Federal penalty: $2,800

Timeline (4 milestones)

• 2010-06-09Final Order Issued
• 2010-06-09Complaint Filed/Proposed Order
• 2010-06-15Enforcement Action Data Entered
• 2010-06-24Enforcement Action Closed