EPA v. THE WATER WORKS BOARD OF THE CITY OF BIRMINGHAM

Case summary

9/3/2014 - CONSENT AGREEMENT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $39,200. RESPONDENT SHALL MAKE PAYMENT WITHIN THIRTY DAYS. ORDER ALLEGES: BASED ON AN RMPROGRAM COMPLIANCE MONITORING INVESTIGATION CONDUCTED BY EPA ON FEBRUARY 20, 2013, AT THE CARSON FILTER, FEBRUARY 21, 2013, AT THE PUTNUM FILTER PLANT; AND FEBRUARY 22, 2013, AT THE WESTERN FILTER PLANT, THE EPA ALLEGES THAT THE RESPONDENT VIOLATED THE CODIFIED RULES GOVERNING THE CAA CHEMICAL ACCIDENT PREVENTION PROVISIONS, BECAUSE RESPONDENT DID NOT ADEQUATELY IMPLEMENT PROVISIONS OF 40 CFR PART 68 WHEN IT: H.Y. CARSON PLANT 1. FAILURE TO DOUCMENT OTHER PERSONS 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 68.58(g); 2. FAILURE TO TRAIN OR CAUSED TO BE TRAINED EACH NEW EMPLOYEE, INOVLVED IN MAINTAINING THE ON-GOING MECHANICAL INTEGRITY OFTHE PROCESS, IN THE HAZARDS OF THE PROCESS, IN HOW TO AVOID OR CORRECT UNSAFE CONDITIONS, AND IN THE PROCEDURES APPLICABLE TO THE EMPLOYEE'S JOB TASKS AS REQUIRED BY 40 CFR SECTION 68.56(b); 3. FAILURE TO USE A WRITTEN PLAN THAT COMPLIES WITH OTHER FEDERAL CONTINGENCY PLAN REGULATIONS OR IS CONSISENT WITH THE APPROACH IN THE NATIONAL RESPONSE TEAM'S INTEGRATED CONTINGENCY GUIDANCE ( ONE PLAN ) AS REQUIRED BY 40 CFR SECTION 68.95(b); 4. FAILURE TO PROVIDE IN THE RMP, INFORMATION ON MITIGATION SYSTEMS IN USE AS REQUIRED BY 40 CFR SECTION 68.17(e)(4). PUTNAM FILTER PLANT 5. FAILURE TO DOCUMENT OTHER PERSONS RESPONSIBLE FOR IMPLEMENTING INDIVIDUAL REQUIREMENTS OF THE RISK MANAGEMENT PROGRAM AND DEFINE THE LIENS OF AUTHORITY THROUGH AN ORGANIZATION CHART OR SIMILAR DOCUMENT AS REQUIRED BY 40 CFR SECTION 68.15(c); 6. FAILURE TO COMPILE AND MAINTAIN MATERIAL SAFETY DATA SHEETS THAT MEET THE REQUIREMENTS OF THE OSHA HAZARD SAFETY COMMUNICATION STANDARD RELATED TO REGULATED SUBSTANCES, PROCESSES AND EQUIPMENT AS REQUIED BY 40 CFR SECTON 68.48(a)(1) WESTERN FILTER PLANT 7. FAILURE TO USE A WRITTEN PLAN THAT COMPLIES WITH OTHER FEDERAL CONTINGENCY PLAN REGULATIONS OR IS CONSISTENT WITH THE APPROACH IN THE ONE PLAN AS REQUIRED BY 40 CFR SECTION 68.95(b); 8. FAILURE TO PROVIDE IN THE RMP, INFORMATION ON MITIGATION SYSTEMS IN USE AS REQUIED BY 40 CFR SECTION 68.170(e)(4) 9. FAILURE TO REVIEW AND UPDATE THE RMP AND SUBMIT IT TO THE EPA WITHIN SIX MONTHS OF A CHANGE REQUIRING A REVISED PHA OR HAZARD REVIEW AS REQUIRED BY 40 CFR SECTION 68.190(b)(5) 10. FAILURE TO SUBMIT CORRECTE INFORMATION WITHIN 30 DAYS OF A CHANGE OF THE EMERGENCY CONTACT AS REQUIRED BY 40 CFR SECTION 68.195(b);

Defendants (1)

• THE WATER WORKS BOARD OF THE CITY OF BIRMINGHAMNamed in complaintNamed in settlement

Facilities (3)

• WESTERN FILTER PLANT

  1400 BANKHEAD HIGHWAY, BIRMINGHAM, AL, 35214-4845

  Registry ID: 110000509655

• CARSON FILTER PLANT

  6560 STATE ROUTE 151, PINSON, AL, 35126

  Registry ID: 110000509691

• PUTNAM FILTER PLANT

  4400 INGLENOOK LANE, BIRMINGHAM, AL, 35217-3469

  Registry ID: 110000880093

Statutes cited

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

Enforcement conclusions (1)

• THE WATER WORKS BOARD OF THE CITY OF BIRMINGHAMentered 2014-09-03

  Primary law: CAA

  Federal penalty: $39,200

Timeline (4 milestones)

• 2014-09-03Final Order Issued
• 2014-09-03Complaint Filed/Proposed Order
• 2014-09-05Enforcement Action Data Entered
• 2014-09-25Enforcement Action Closed