EPA v. BLUES CITY BREWERY, LLC

Case summary

4/11/17 - CONSENT AGREEMENT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $81,200. RESPONDENT SHALL MAKE PAYMENT WITHIN THIRTY DAYS. ORDER ALLEGES: BASED ON EPA'S COMPLIANCE MONITORING INVESTIGATION, THE EPA ALLEGES THAT RESPONDENT VIOLATED THE CODIFIED RULES GOVERNING THE ACT'S CHEMICAL ACCIDENT PREVENTION PROVISIONS, BECAUSE RESPONDENT DID NOT ADEQUATELY IMPLEMENT PROVISIONS OF 40 CFR PART 68 WHEN IT: A. FAILED TO DEFINE AND DOCUMENT THE LINES OF AUTHORITY FOR PERSONS RESPONSIBLE FOR IMPLEMENTING INDIVIDUAL REQUIREMENTS OF THE RISK MANAGEMENT PROGRAM THROUGH AN ORGANIZATION CHART OR SIMILAR MANAGEMENT SYSTEM DOCUMENT AS REQUIRED BY 40 CFR SECTION 68.15(c); B. FAILED TO DOCUMENT THAT THE AMMONIA PROCESS EQUIPMENT COMPLIES WITH RECOGNIZED AND GENERALLY ACCEPTED GOOD ENGINEERING PRACTICES AS REQUIRED BY 40 CFR SECTION 68.65(d)(2); C. FAILED FOR SEVERAL TRAINING EPISODES REQUIRED UNDER 40 CFR SECTIONS 68.71(a) AND (b), TO PREPARE A RECORD WHICH CONTAINS THE IDENTITY OF THE EMPLOYEE BEING TRAINED, THE DATE OF THE TRAINING, AND THE MEANS USED TO VERIFY THAT THE EMPLOYEE UNDERSTOOD THE TRAINING AS REQUIRED BY 40 CFR SECTION 68.71(c); AND D. FAILED, FOR SEVERAL PROCESS EQUIPMENT INSPECTIONS AND TESTS, TO DOCUMENT THE DATE OF THE INSPECTION OR TEST OR THE NAME OF THE PERSON WHO PERFORMED THE INSPECTION OR TEST AS REQUIRED BY 40 CFR SECTION 68.73(d)(4).

Defendants (1)

• BLUES CITY BREWERY, LLCNamed in complaintNamed in settlement

Facilities (2)

• BLUES CITY BREWERY, LLC

  5151 E. RAINES RD., MEMPHIS, TN, 381187026

  Registry ID: 110000374390

• BLUES CITY BREWERY, LLC

  5151 E RAINES ROAD, MEMPHIS, TN, 38118

  Registry ID: 110000374390

Statutes cited

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

Enforcement conclusions (1)

• BLUES CITY BREWERY, LLCentered 2017-04-11

  Primary law: CAA

  Federal penalty: $81,200

Timeline (4 milestones)

• 2017-04-11Final Order Issued
• 2017-04-11Complaint Filed/Proposed Order
• 2017-04-13Enforcement Action Data Entered
• 2017-05-02Enforcement Action Closed