EPA v. CORBIN UTILITIES COMMISSION

Case summary

1/3/17 -CONSENT AGREEMENT ISSUED, ASSESSING A PENALTY 20,620. RESPONDENT SHALL MAKE PAYMENT WITHIN THIRTY DAYS. RESPONDENT ALSO AGREES TO COMPLETE A SEP. BASED PM EPA'S COMPLIANCE MONITORING INVESTIGATION, THE EPA ALLGES THAT THE RESPONDENT VIOLATED THE CODIFIED RULES GOVERING THE ACT'S CHEMICAL ACCIDENT PREVENTION PROVISIONS, BECAUSE RESPONDENT DID NOT ADEQUATELY IMPLEMENT PROVISIONS OF 40 CFR PAR 68 WHEN IT: FAILED TO USE THE MOST RECENT CENSUS DATA, OR OTHER UPDATED INFORMATION, TO ESTIMATE THE POPULATION POTENTIALLY AFFECTED WHEN DEFINING OFFSITE IMPACTS AS REQUIRED BY 40 CFR SECTION 68.30(c); FAILED TO MAINTAIN DOCUMENTATION ON THE OFFSITE CONSEQUENCE ANALYSIS AS REQUIRED BY 40 CFR SECTION 68.39; FAILED TO INCLUDE VENTILATION SYSTEM DESIGN IN THE PROCESS SAFETY INFORMATION AS REQUIRED BY 40 CFR SECTION 68.65(d)(1)(v); FAILED TO DOCUMENT THAT EQUIPMENT COMPLIES WITH RECOGNIZED AND GENERALLY ACCEPTED GOOD ENGINEERING PRACTICES AS REQUIRED BY 40 CFR SECTION 68.65(d)(2); FAILED TO PERFORM AN INITIAL PROCESS HAZARD ANALYSIS 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 COMPLIANCE WITH THE PROVISION OF SUBPART D AT LEAST EVERY THREE YEARS TO VERIFY THAT PROCEDURES AND PRACTICES DEVELOPED UNDER SUBPART D ARE ADEQUATE AND ARE BEING FOLLOWED AS REQUIERD BY 40 CFR SECTION 68.79(a); FAILED TO INFORM THE CONTRACT OWNER OR OPERATOR OF THE KNOWN POTENTIAL FIRE; EXPLOSION, OR TOXIC RELEASE HAZARDS RELATED TO THE CONTRACTOR'S WORK AND THE PROCESS AS REQUIRED BY 40 CFR SECTION 68.87(b)(2); FAILED TO EXPLAIN TO THE CONTRACTOR THE APPLICABLE PROVISIONS OF THE FACILITY'S EMERGENCY RESPONSE ACTIONS AS REQUIRED BY 40 CFR SECTION 68.67(b)(3); AND FAILED TO PERIODICALLY EVALUATE THE PERFORMANCE OF THE CONTRACT OWNER OR OPERATOR AS REQUIRED BY 40 CFR SECTION 68.87(b)(5).

Defendants (1)

• CORBIN UTILITIES COMMISSIONNamed in complaintNamed in settlement

Facilities (1)

• WATER TREATMENT PLANT

  60 W HINKLE ST, CORBIN, KY, 40701

  Registry ID: 110006753708

Statutes cited

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

Enforcement conclusions (1)

• CORBIN UTILITIES COMMISSIONentered 2017-01-03

  Primary law: CAA

  Federal penalty: $20,620 · SEP: $69,600

Timeline (4 milestones)

• 2017-01-03Final Order Issued
• 2017-01-03Complaint Filed/Proposed Order
• 2017-01-04Enforcement Action Data Entered
• 2017-01-24Enforcement Action Closed