EPA v. BLUE BELL CREAMERIES, L.P.

Case summary

10/20/05 - EXPEDITED SETTLEMENT AGREEMENT ISSUED, ASSESSING A PENALTY OF $2,520. RESPONDENT SHALL MAKE PAYMENT WITHIN 15 DAYS. ALLEGATIONS: 1. FAILURE TO ADEQUATELY DETERMINE THE PROCESS MAXIMUM INTENDED (40 CFR SECTION 68.65(c)(1)(iii). 2. FAILURE TO ESTABLISH A SYSTEM TO PROMPTLY ADDRESS PROCESS HAZARD ANALYSIS RELATED FINDINGS AND RECOMMENDATIONS (40 C.F.R. SECTION 68.67(e). 3. FAILURE TO PREPARE WRITTEN OPERATING PROCEDURES THAT ADDRESS THE FOLLOWING SAFTY AND HEALTH CONSIDERATIONS: (a) PROPERTIES OF, AND HAZARDS PRESENTED BY THE CHEMICALS USED IN THE PROCESS (40 C.F.R. SECTION 68.69(a)(3)(i), (b) PRECAUTIONS NECESSARY TO PREVENT EXPOSURE, INCLUDING ENGINEERING CONTROLS, ADMINISTRATIVE CONTORLS AND PERSONNEL PROTECTIVE EQUIPMENT (40 C.F.R. SECTION 68.69(a)(3)(ii), and (c) CONTROL MEASURES TO BE TAKEN IF PHYSICAL CONTACT OR AIRBORNE EXPOSURE OCCURS (40 C.F.R. SECTION 68.69(a)(3)(iii). 4. FAILURE TO CERTIFY ANNUALLY THAT THE OPERATING PROCUDURES ARE CURRENT AND ACCURATE AND THAT PROCEDURES HAVE BEEN REVIEWED AS OFTEN AS NECESSARY (40 C.F.R. SECTIN 68.69(c). 5. FAILURE TO DOCUMENT THAT DEFICIENCIES RESULTING FROM THE REQUIRED RMP SPECIFIC COMPLIANCE AUDIT HAD BEEN PROMPTLY CORECTED (40 C.F.R. SECTION 68.79(d)).

Defendants (1)

• BLUE BELL CREAMERIES, L.P.Named in complaintNamed in settlement

Facilities (1)

• BLUE BELL CREAMERIES SYLACAUGA

  423 N NORTON AVE, SYLACAUGA, AL, 351502009

  Registry ID: 110000513613

Statutes cited

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

Enforcement conclusions (1)

• BLUE BELL CREAMERIES, L.P.entered 2005-10-20

  Primary law: CAA

  Federal penalty: $2,520

Timeline (4 milestones)

• 2005-10-20Complaint Filed/Proposed Order
• 2005-10-20Final Order Issued
• 2005-12-09Enforcement Action Closed
• 2006-02-07Enforcement Action Data Entered