EPA v. TYSON FOODS, INC.

Case summary

4/10/07 - EXPEDITED SETTLEMENT AGREEMENT ISSUED, ASSESSING A PENALTY OF $3,240, DUE WITHIN 15 DAYS. EPA ALLEGES THAT RESPONDENT VIOLATED THE CAA'S CHEMICAL ACCIDENT PREVENTION PROGRAM WHEN: RESPONDENT DID NOT PROVIDE EVIDENCE THAT ITS OPERATING PROCEDURE ADDRESSED THE FOLLOWING AS REQUIRED BY 40 CFR 68.69: (a)(2) OPERATING LIMITS: (i) CONSEQUENCED OF DEVIATION, AND (ii) STEPS REQUIRED TO CORRECT OR AVOID DEVIATION; (a)(3) SAFETY AND HEALTH CONSIDERATION: (i) PROPERTIES OF, AND HAZARDS PRESENTED BY, THE CHEMICALS USED IN THE PRCESS, (ii) PRECAUTIONS NECESSARY TO PREVENT EXPOSURE, INCLUDING ENGINEERING CONTROLS, ADMINISTRATIVE CONTROLS, AND PERSONAL PROTECTIVE EQUIPMENT, (iii) CONTROL MEASURES TO BE TAKEN IF PHYSICAL CONTACT OR AIRBORNE EXPOSURE OCCURS, (iv) QUALITY CONTROL FOR RAW MATERIALS AND CONTROL OF HAZ CHEMICAL INVENTORY LEVELS, AND (v) ANY SPECIAL OR UNIQUE HAZARDS; AND (a)(4) SAFETY SYSTEMS AND THEIR FUNCTIONS; AND RESPONDENT DID NOT PROVIDE EVIDENCE THAT IT HAD ANNUALLY CERTIFIED THE OPERATING PROCEDURES (I.E., THAT THE PROCEDURES ARE CURRENT AND ACCURATE) ON AN ANNUAL BASIS AS REQUIRED BY 40 CFR 68.69(c).

Defendants (1)

• TYSON FOODS, INC.Named in complaintNamed in settlement

Facilities (1)

• KOCH FOODS OF GADSDEN LLC

  515 TYSON RD, ASHLAND, AL, 36251

  Registry ID: 110042825020

Statutes cited

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

Enforcement conclusions (1)

• TYSON FOODS, INC.entered 2007-04-10

  Primary law: CAA

  Federal penalty: $3,240

Timeline (4 milestones)

• 2007-04-10Complaint Filed/Proposed Order
• 2007-04-10Final Order Issued
• 2007-05-02Enforcement Action Data Entered
• 2007-05-04Enforcement Action Closed