EPA v. MOREHEAD UTILITY PLANT BOARD

Case summary

4/26/16 - CONSENT AGREEMENT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $30,023. RESPONDENT SHALL MAKE PAYMENT WITHIN THIRTY. ORDER ALLEGES: BASED ON AN RMPROGRAM COMPLIANCE MONITORING INVESTIGATION INITIATED BY EPA ON MARCH 21, 2013, 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: FAILED TO USE THE MOST RECENT CENSUS DATA, OR OTHER UPDATED INFORMATION, TO ESTIMATE THE POPULATION POTENTIALLY AFFECTED IN DEFINING OFFSITE IMPACTS AS REQUIRED BY 40 CFR SECTION 68.30(c); FAILED TO INCLUDE THE SAFE UPPER AND LOWER LIMITS FOR SUCH ITEMS AS TEMPERATURES, PRESSURES, FLOWS OR COMPOSITIONS IN THE WRITTEN SAFETY INFORMATION FOR THE TECHNOLOGY OF THE PROCESS AS REQUIRED BY 40 CFR SECTION 68.65(c)(1)(iv); FAILED TO INCLUDE THE CONSEQUENCES OF DEVIATIONS IN THE WRITTEN PROCESS SAFETY INFORMATION FOR THE TECHNOLOGY OF THE PROCESS AS REQUIRED BY 40 CFR SECTION 68.65(c)(1)(iv); FAILED TO INCLUDE A PIPING AND INSTRUMENT DIAGRAMS IN THE WRITTEN PROCESS SAFETY INFORMATION FOR THE EQUIPMENT IN THE PROCESS AS REQUIRED BY 40 CFR SECTION 68.65(d)(1)(ii); FAILED TO PERFORM AN INITIAL PROCESS HAZARD ANALYSIS ON THE CHLORINE PROCESS AS REQUIRED BY 40 CFR SECTION 68.67(a); FAILED TO CERTIFY ANNUALLY THAT OPERATING PROCEDURES ARE CURRENT AND ACCURATE AS REQUIRED BY 40 CFR SECTION 68.69(c); FAILED TO CERTIFY EVALUATION OF COMPLIANCE WITH THE RISK MANAGEMENT PROGRAM PROVISIONS AT LEAST EVERY THREE YEARS AS REQUIRED BY 40 CFR SECTION 68.79(a); AND FAILED TO PERIODICALLY EVALUATE THE PERFORMANCE OF THE CONTRACT OWNER OPERATOR IN FULFILLING THEIR OBLIGATIONS AS REQUIRED BY 40 CFR SECTION 68.87(b)(5).

Defendants (1)

• MOREHEAD UTILITY BOARDNamed in complaintNamed in settlement

Facilities (1)

• MOREHEAD UTILITY PLANT BOARD WATER TREATMENT PLANT

  450 FILTRATION ROAD, FARMERS, KY, 40319

  Registry ID: 110006758963

Statutes cited

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

Enforcement conclusions (1)

• MOREHEAD UTILITY PLANT BOARDentered 2016-04-26

  Primary law: CAA

  Federal penalty: $30,023

Timeline (4 milestones)

• 2016-04-26Final Order Issued
• 2016-04-26Complaint Filed/Proposed Order
• 2016-04-29Enforcement Action Data Entered
• 2016-05-12Enforcement Action Closed