EPA v. BLUES CITY BREWERY, LLC

Case summary

9/8/2021 - CONSENT AGREEMENT AND FINAL ORDER ISSUED ASSESSING A PENALTY OF $37,381.00. PENALTY DUE WITHIN 30 DAYS. ALLEGED VIOLATIONS: BASED ON EPA?S COMPLIANCE MONITORING INVESTIGATION, THE EPA ALLEGES THAT THE RESPONDENT VIOLATED 40 C.F.R. PART 68, THE CODIFIED RULES GOVERNING THE ACT?S CHEMICAL ACCIDENT PREVENTION PROVISIONS AND SECTION 112(R) OF THE ACT, 42 U.S.C. ? 7412(R), WHEN IT: A. FAILED TO DEMONSTRATE THAT IT HAD COMPILED WRITTEN PROCESS SAFETY INFORMATION FOR THE EQUIPMENT IN THE PROCESS WHICH INCLUDES RELIEF SYSTEM DESIGN AND DESIGN BASIS AS REQUIRED BY 40 C.F.R. ? 68.65(D)(1)(IV); B. FAILED TO ESTABLISH A SYSTEM TO PROMPTLY ADDRESS THE PROCESS HAZARD ANALYSIS TEAM?S FINDINGS AND RECOMMENDATIONS; ASSURE THAT THE RECOMMENDATIONS ARE RESOLVED IN A TIMELY MANNER AND THE RESOLUTION IS DOCUMENTED; AND DOCUMENT WHAT ACTIONS ARE TO BE TAKEN AS REQUIRED BY 40 C.F.R. ? 68.67(E); C. FAILED TO ESTABLISH WRITTEN OPERATING PROCEDURES FOR EACH COVERED PROCESS WITH CLEAR INSTRUCTIONS, CONSISTENT WITH PROCESS SAFETY INFORMATION, INCLUDING THE QUALITY CONTROL OF RAW MATERIALS AND CONTROL OF INVENTORY LEVELS AS REQUIRED BY 40 C.F.R. ? 68.69(A)(3)(IV); D. FAILED TO PROMPTLY DETERMINE AND DOCUMENT AN APPROPRIATE RESPONSE TO EACH OF THE FINDINGS OF THE COMPLIANCE AUDIT, AND DOCUMENT THAT DEFICIENCIES HAVE BEEN CORRECTED AS REQUIRED BY 40 C.F.R. ? 68.79(D); AND E. FAILED TO SUBMIT AN RMP CORRECTION WITHIN ONE MONTH OF ANY CHANGE IN THE EMERGENCY CONTACT INFORMATION AS REQUIRED BY 40 C.F.R. ? 68.195(B).

Defendants (1)

• BLUES CITY BREWERY, LLCNamed in complaintNamed in settlement

Facilities (1)

• 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 2021-09-08

  Primary law: CAA

  Federal penalty: $37,381

Timeline (4 milestones)

• 2021-09-08Final Order Issued
• 2021-09-08Enforcement Action Closed
• 2021-09-08Complaint Filed/Proposed Order
• 2021-09-13Enforcement Action Data Entered