EPA v. KENNETH O. LESTER COMPANY, INC. (CUSTOMIZED DISTRIBUTION CENTER - ELKTON)

Case summary

On September 12, 2018, EPA filed a Consent Agreement and Final Order, which initiated and settled EPA's penalty claim for violations of Section 112(r)(7) of the CAA against Kenneth O. Lester Company, Inc. ( Respondent ), which EPA inspectors observed during an inspection of Respondent's facility in Elkton, Maryland ( the Facility ), where Respondent utilizes 14,722 pounds of anhydrous ammonia, a regulated substance, exceeding the 10,000-pound threshold quantity under 40 C.F.R. 68.130. TheConsent Agreement asserts that Respondent violated Section 112(r)(7) of the CAA, and its various implementing regulations in 40 C.F.R. Part 68, including but not limited to: failing to document that its equipment complies with generally accepted good engineering practices, failing to annually certify that Respondent's operating procedures for the ammonia refrigeration process were current and accurate, failing to maintain records to demonstrate that Respondent provided refresher training to its employees involved in operating a process at least every three years, and failing to update process safety information. The RMP regulations are designed to protect human health and the environment by ensuring the safe management of such hazardous substances and help preverit the occurrences and ramification of chemical accidents. Respondent has agreed to pay a penalty of $65,502. The CAA Section 112r program is not authorized in the State of Maryland. State counterparts have been notified of this action and have not raised any objections.

Defendants (1)

• KENNETH O. LESTER COMPANY, INC.Named in complaintNamed in settlement

Facilities (2)

• CUSTOMIZED DISTRIBUTION CENTER - ELKTON

  1520 ELKTON ROAD, ELKTON, MD, 21921-4155

  Registry ID: 110070378091

• PERFORMANCE FOOD GROUP - ELKTON MARYLAND

  1520 ELKTON RD, ELKTON, MD, 21921

  Registry ID: 110006642179

Statutes cited

• CAA 112[R][1] — Prevention of Accidental Release/General Duty Clause
• CAA 112[R][7] — Prevention of Accidental Release/Risk Management Plans (RMPs)

Enforcement conclusions (1)

• KENNETH O. LESTER COMPANY, INC. (CUSTOMIZED DISTRIBUTION CENTER - ELKTON)entered 2018-09-12

  Primary law: CAA

  Federal penalty: $65,502

Timeline (4 milestones)

• 2018-09-12Final Order Issued
• 2018-09-12Complaint Filed/Proposed Order
• 2018-09-13Enforcement Action Data Entered
• 2018-09-24Enforcement Action Closed