EPA v. The City of Alma (Alma MI) CAFO

Case summary

On May 21, 1999, having held for use in its operations at the Alma facility 2,500 lbs. or more of chlorine, Respondent, the City of Alma, exceeded the applicability threshold established by 40 CFR Section 68.130. Respondent's process is subject to Program 3 requirements because the distance to public receptors is less than the distance to the toxic endpoint for a worst-case release assessment under 40 CFR Section 68.25 and because the process is subject to the process safety management standards. Based on the inspection conducted on February 28, 2013, and a review of additional information received by EPA subsequent to that date, EPA identified the following alleged violations by Respondent of the Risk Management Program regulations: a0 Failure to have information pertaining to the technology of the process that included safe upper and lower limit; b) Failure to have information pertaining to the technology of the process that included an evaluation of the consequences of deviation; c) Failure to have information pertaining to the equipment in process that included relief system design and design basis, as required; d) Failure to document that equipment complies with recognized and generally accepted good engineering practices as required; e) failure to perform an initial process hazard analysis; f) Failure to develop and implement written operation procedures that address emergency shutdown; g) Failure to develop and implement written operating procedures that address a startup following a turnaround; and other violations as enumerated in the CAFO. A civil penalty of $18,025.00 was assessed, which must be paid within 30 days of this CAFO. Respondent also agrees to perform a Supplemental Environmental Project (SEP), which is designed to protect the environment and public health by replacing its use of chlorine gas with sodium hypochlorite. Respondent must complete this SEP within 120 days after the filing of this CAFO, and must spend at least $84,975 to accomplish the projects outlined in the CAFO.

Defendants (1)

• City of AlmaNamed in complaintNamed in settlement

Facilities (1)

• CITY OF ALMA WATER TREATMENT PLANT

  200 N. LINCOLN, ALMA, MI, 48801

  Registry ID: 110000533110

Statutes cited

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

Enforcement conclusions (1)

• The City of Alma (Alma MI) CAFOentered 2015-05-21

  Primary law: CAA

  Federal penalty: $18,025 · SEP: $84,975

Timeline (5 milestones)

• 2015-05-21Final Order Issued
• 2015-05-21Complaint Filed/Proposed Order
• 2015-05-26Enforcement Action Data Entered
• 2015-10-29Pipeline Closed
• 2015-10-29Enforcement Action Closed