112(r)/Air Enforcement: U.S. Environmental Protection Agency and Clarksville, Tennessee, Brake Manufacturing Facility Enter into Expedited Settlement Agreement

Mitchell, Williams, Selig, Gates & Woodyard, P.L.L.C.

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The United States Environmental Protection Agency (“EPA”) and Akebono Brake Corporation (“ABC”) entered into a June 11th Expedited Settlement Agreement (“ESA”) addressing alleged violations of Section 112(r)(7) of the Clean Air Act. See Docket No.: CAA-04-2020-8000(b).

The ESA provides that ABC operates a facility (“Facility”) in Clarksville, Tennessee.

EPA is stated to have conducted a compliance monitoring inspection at the Facility on June 20, 2019. The ESA provides that ABC allegedly violated the Clean Air Act’s Chemical Accident Prevention Provisions.

ABC allegedly did not provide evidence that:

  • It documented that equipment complies with recognized and generally accepted good engineering practices as required by 40 C.F.R. § 68.65(d)(2); and
  • It reviewed the operating procedures as often as necessary and certified annually that they are current and accurate as required by 40 C.F.R. § 68.69(c).

The ESA assesses a civil penalty of $2,700.

A copy of the ESA can be downloaded here.

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Mitchell, Williams, Selig, Gates & Woodyard, P.L.L.C.
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