EPA v. CARGILL MEAT SOLUTIONS CORPORTION (CARGILL MEAT SOLUTIONS CORPORATION - WYALUSING)

Case summary

On August 27, 2019, 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 Cargill Meat Solution Corporation ( Respondent ) which EPA inspectors observed during an inspection of Respondent's facility in Wyalusing, Pennsylvania ( the Facility ), where Respondent utilizes 170,300 pounds of anhydrous ammonia, a regulated substance, exceeding the 10,000-pound threshold quantity under 40 C.F.R. 68.130. The Consent Agreement asserts that Respondent violated Section 112(r)(7) of the CAA, and the following implementing regulations: 40 C.F.R. 68.65(d)(1)(iv), which requires owner or operators of facilities where a regulated substance is present in more than a threshold quantity ( Owners or Operators ) to include relief system design and the basis of the design as part of its compilation of process safety information; 40 C.F.R. ? 68.65(d)(2), which requires Owners or Operators to document that equipment complies with generally accepted good engineering practices, by failing to have audible alarms outside machinery room entrances; 40 C.F.R. 68.71(c), by failing to have complete records reflecting that employees were initially trained on operating a process; 40 C.F.R. 68.73(e), by failing to correct deficiencies in equipment identified in 2015 that were outside acceptable limits before further use or in a safe and timely manner; and 40 C.F.R. 68.81(e), by failing to establish a system to promptly resolve and document the recommendations from a 2016 Incident Report Investigation. The RMP regulations are designed to protect human health and the environment by ensuring the safe management of such hazardous substances and help prevent the occurrences and ramification of chemical accidents. Respondent has agreed to pay a penalty of $55,000. Pennsylvania is not authorized to implement Section 112(r)(7) of the CAA but Randy Padfield and Michael Manley of PEMA, and Susan Foster and Marcus Kohl of PADEP were notified of this action on July 26, 2019.

Defendants (1)

• CARGILL MEAT SOLUTIONS CORPORTIONNamed in complaintNamed in settlement

Facilities (2)

• CARGILL MEAT SOLUTIONS CORPORATION - WYALUSING

  1252 ROUTE 706, WYALUSING, PA, 18853

  Registry ID: 110059999685

• CARGILL MEAT SOLUTIONS/MEAT PACKING PLT

  ROUTE 706 AND BREWER HOLLOW ROAD, WYALUSING, PA, 18853

  Registry ID: 110051367150

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)

• CARGILL MEAT SOLUTIONS CORPORTION (CARGILL MEAT SOLUTIONS CORPORATION - WYALUSING)entered 2019-08-27

  Primary law: CAA

  Federal penalty: $55,000

Timeline (4 milestones)

• 2019-08-27Complaint Filed/Proposed Order
• 2019-08-27Final Order Issued
• 2019-08-28Enforcement Action Data Entered
• 2019-09-06Enforcement Action Closed