EPA v. PICTSWEET FROZEN FOODS

Case summary

6/16/04 - EXPEDITED SETTLEMENT AGREEMENT ISSUED, ASSESSING A PENALTY $3,750. VIOLATIONS: FAILURE TO COMPLY WITH RECOGNIZED AND GENERALLY ACCEPTED GOOD ENGINEERING PRACTICE. ELECTRICAL BOXES WERE UNCOVERED. FAILURE TO COMPLETE THE PROCESS HAZARD ANALYSIS. THE PROCESS HAZARD ANALYSIS DID NOT ADDRESS THE FOLLOWING REQUIREMENTS OF THE 40 CFR 68.67(c): A. CONSEQUENCES OF FAILURE OF ENGINEERING AND ADMINISTRATIVE CONTROLS; B. STATIONARY SOURCE SITING; C. HUMAN FACTORS; AND D. AN EVALUATION OF A RANGE OF THE POSSIBLE SAFETY AND HEALTH EFFECTS OF FAILURE OF CONTROLS. FAILURE TO DOCUMENT WRITTEN PROCEDURES WHICH ADDRESS THE FOLLOWING: A. SAFETY AND HEALTH CONSIDERATION - PROPERTIES OF, AND HAZARDS PRESENTED BY, THE CHEMICALS USED IN THE PROCESS; AND B. PRECAUTIONS NECESSARY TO PREVENT EXPOSURE, INCLUDING ENGINEERING CONTROLS, ADMINISTRATIVE CONTROLS, AND PERSONAL PROTECTIVE EQUIPMENT FAILURE TO ANNUALLY CERTIFY THAT THE OPERATING PROCEDURES ARE CURRENT AND ACCURATE, AND THE PROCEDURES HAVE BEEN REVIEWED AS OFTEN AS NECESSARY

Defendants (1)

• PICTSWEET FROZEN FOODSNamed in complaintNamed in settlement

Facilities (1)

• THE PICTSWEET CO - BELLS TN PLANT

  10 PICTSWEET DR., BELLS, TN, 380060119

  Registry ID: 110000373603

Statutes cited

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

Enforcement conclusions (1)

• PICTSWEET FROZEN FOODSentered 2004-06-16

  Primary law: CAA

  Federal penalty: $3,750

Timeline (4 milestones)

• 2004-06-16Enforcement Action Closed
• 2004-06-16Complaint Filed/Proposed Order
• 2004-06-16Final Order Issued
• 2004-07-03Enforcement Action Data Entered