EPA v. BOWLING GREEN MUNICIPAL UTILITIES

Case summary

6/12/2014 - CONSENT AGREEMENT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $11,900. RESPONDENT SHALL MAKE PAYMENT WITHIN THIRTY DAYS. RESPONDENT ALSO AGREES TO COMPLETE A SEP. ORDER ALLEGES: BASED ON AN RMPROGRAM COMPLIANCE MONITORING INVESTIGATION ON AUGUST 12, 2012, THE EPA ALLEGES THAT THE RESPONDENT VIOLATED THE CODIFIED RULES GOVERNING THE CAA CHEMICAL ACCIDENT PREVENTION PROVISIONS, BECAUSE RESPONDENT DID NOT ADEQUATELY IMPLMENT PROVISIONS OF 40 CFR PART 68 WHEN IT: FAILED TO DOCUMENT NAMED INDIVIDUALS OR POSITIONS RESPONSIBLE FOR IMPLEMENTING INDIVIDUAL REQUIREMENTS OF THE RISK MANAGEMENT PROGRAM AND DEFINE THE LINES OF AUTHORITY THROUGH AN ORGANIZATION CHART OR SIMILAR DOCUMENT AS REQUIRED BY 40 CFR SECTION 68.15(c); FAILED TO INCLUDE AN EVALUATION OF THE CONSEQUENCES OF DEVIATIONS CONCERNING THE TECHNOLOGY OF THE PROCESS AS REQUIRED BY 40 CFR SECTION 68.65(c)(1)(v); FAILED TO ESTABLISH A SYSTEM TO PROMPTLY ADDRESS THE 2009, 2011 AND 2012 PROCESS HAZARD ANALYSIS TEAM'S FINDING AND RECOMMENDATIONS AS REQUIRED BY 40 CFR SECTION 68.67(e); FAILED TO CERTIFY ANNUALLY THAT OPERATING PROCEDURES ARE CURRENT AND ACCURATE AS REQUIRED BY 40 CFR SECTION 68.69(c); FAILED TO PROVIDE REFRESHER TRAINING AT LEAST EVERY THREE YEARS TO EACH EMPLOYEE INVOLVED IN OPERATING A PROCESS AS REQUIRED BY 40 CFR SECTION 68.71(b); FAILED TO ESTABLISH AND IMPLEMENT WRITTEN PROCEDURES TO MANAGE CHANGES TO PROCESS CHEMICALS, TECHNOLOGY, EQUIPMENT AND PROCEDURES; AND CHANGES TO STATIONARY SOURCES THAT AFFECT A COVERED PROCESS AS REQUIRED BY 40 CFR SECTION 68.75(a); FAILED TO CERTIFY COMPLIANCE THROUGH AN AUDIT AT LEAST EVERY THREE YEARS AS REQUIRED BY 40 CFR SECTION 68.79(a); FAILED TO DEVELOP A WRITTEN PLAN OF ACTION REGARDING THE IMPLEMENTATION OF THE EMPLOYEE PARTICIPATION AS REQUIRED BY 40 CFR SECTION 68.83(a); FAILED TO INCLUDE IN THE RMP THE CORRECT MAXIMUM QUANTITY OF THE REGULATED SUBSTANCE IN THE PROCESS AS REQUIRED BY 40 CFR 68.190(b)(7); FAILED TO UPDATE THE RMP AT LEAST ONCE EVERY FIVE YEARS AS REQUIERD BY 40 CFR SECTION 68.190(b)(1).

Defendants (1)

• BOWLING GREEN MUNICIPAL UTILITIESNamed in complaintNamed in settlement

Facilities (1)

• BOWLING GREEN MUNICIPAL UTILITIES-BARREN RIVER WTP

  16 CHESTNUT STREET, BOWLING GREEN, KY, 42102-7300

  Registry ID: 110072153201

Statutes cited

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

Enforcement conclusions (1)

• BOWLING GREEN MUNICIPAL UTILITIESentered 2014-06-12

  Primary law: CAA

  Federal penalty: $11,900 · SEP: $45,003

Timeline (4 milestones)

• 2014-06-12Final Order Issued
• 2014-06-12Complaint Filed/Proposed Order
• 2014-06-19Enforcement Action Data Entered
• 2014-07-08Enforcement Action Closed