EPA v. CONAGRA POULTRY COMPANY

Case summary

6/3/04 - CAA 112(r) EXPEDITED SETTLEMENT AGREEMENT ISSUED, ASSESSING A PENALTY F $3,330. PENALTY PAID. VIOLATIONS: 1. FAILURE TO COMPLY WITH RECOGNIZED AND GENERALLY ACCEPTED GOOD ENGINEERING PRACTICE. PIPING AND VALVES WERE NOT LABELED OR TAGGED, OR OTHERWISE UNIQUELY IDENTIFIED, AND ELECTRICAL BOXES WERE UNCOVERED (40 CFR 68.65(d)(2). 2. FAILURE TO ESTABLISH A SYSTEM TO PROMPTLY ADDRESS PROCESS HAZARD ANALYSIS FINDINGS, RECOMMENDATIONS AND CORRECTIVE ACTIONS; AND FAILURE TO DEVELOP A WRITTEN SCHEDULE OF WHEN CORRECTIVE ACTIONS ARE TO BE COMPLETED (40 CFR 68.67(e). 3. FAILURE TO DOCUMENT WRITTEN PROCEDURES WHICH ADDRESS THE FOLLOWING: OPERATING LIMITS - CONSEQUENCES OF DEVIATIONS (40 CFR 68.69(a)(2)(i); AND STEPS REQUIRED TO CORRECT OR AVOID DEVIATION (40 CFR 68.69(a)(2)(ii); SAFETY AND HEALTH CONSIDERATIONS - PROPERTIES OF, AND HAZARDS PRESENTED BY, THE CHEMICALS USED IN THE PROCESS (40 CFR 68.69(a)(3)(i); PRECAUTIONS NECESSARY TO PREVENT EXPOSURE, INCLUDING ENGINEERING CONTROLS, ADMINISTRATIVE CONTROLS, AND PERSONAL PROTECTIVE EQUIPMENT (40 CFR 68.69(a)(3)(ii); CONTROL MEASURES TO BE TAKEN IF PHYSICAL CONTACT OR AIRBORNE EXPOSURE OCCURS (40 CFR 68.69(a)(3)(iii). 4. FAILURE TO ANNUALLY CERTIFY THAT THE OPERATING PROCEDURES ARE CURRENT AND ACCURATE, AND THAT PROCEDURES HAVE BEN REVIEWED AS OFTEN AS NECESSARY (40 CFR 68.69(c). 5. FAILURE TO TRAIN EMPLOYEES INVOLVED IN OPERATING A PROCESS THAT WAS CHANGED AND RE-STARTED AFTER IMPLEMENTATION OF THE MANAGEMENT OF CHANGE PROCEDURE (40 CFR 68.75(

Defendants (1)

• CONAGRA POULTRY COMPANYNamed in complaintNamed in settlement

Facilities (1)

• PILGRIM'S PRIDE CORPORATION

  1004 EAST PRYOR STREET, ATHENS, AL, 35611

  Registry ID: 110000512473

Statutes cited

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

Enforcement conclusions (1)

• CONAGRA POULTRY COMPANY (CAA 112(r) EXPEDITED SETTLEMENT)entered 2004-06-03

  Primary law: CAA

  Federal penalty: $3,330

Timeline (4 milestones)

• 2004-06-03Enforcement Action Closed
• 2004-06-03Complaint Filed/Proposed Order
• 2004-06-03Final Order Issued
• 2004-06-17Enforcement Action Data Entered