EPA v. AMERICOLD LOGISTICS, LLC

Case summary

8/20/2007 - EXPEDITED SETTLEMENT AGREEMENT ISSUED, ASSESSING A PENALTY OF $1,140, DUE WITHIN 15 DAYS. EPA ALLEGES THAT THE RESPONDENT VIOLATED THE CAA'S CHEMICAL ACCIDENT PREVENTION PROGRAM WHEN RESPONDENT DID NOT PROVIDE EVIDENCE THAT IT HAD: COMPILED (COMPLETE) PIPING AND INSTRUMENTATION DIAGRAMS AS PART OF ITS WRITTEN PROCESS SAFETY INFO AS REQUIRED BY 40 CFR 68.65(d)(1)(ii); RETAINED ALL PROCESS HAZARD ANALYSES, INCLUDING UPDATES OR REVALIDATIONS, FOR THE LIFE OF HTE COVERED PROCESS AS REQUIRED BY 40 CFR 68.67(g); DEVELOPED A WRITTEN SCHEDULE OF WHEN PHA ACTION ITEMS WERE TO BE COMPLETED, ASSURED THAT THE ACTION ITEMS WERE RESOLVED IN A TIMELY MANNER AND DOCUMENT SUCH RESOLUTION (DOCUMENTED ACTION ITEM CLOSURE) AS PART OF THE PHA CONDUCTED ON 8/20/2003, AS REQUIRED BY 40 CFR 68.67(e); INSPECTED AND TESTED PROCESS EQUIPMENT IN ACCORDANCE WITH RECOGNIZED AND GENERALLY ACCEPTED GOOD ENGINEERING PRACTICES FOR INSPECTIONS AND TESTING AS REQUIRED BY 40 CFR 68.73(D)(1) AND (2); CORRECTED DEFICIENCIES IN PROCESS EQUIPMENT THAT WERE OUTSIDE ACCEPTABLE LIMITS AS REQUIRED BY 40 CFR 68.73(e); AND EVALUATED ITS COMPLIANCE WITH THE PREVENTION PROGRAM REQUIREMENTS AND CERTIFIED, AT LEAST EVERY 3 YRS, THAT ITS PROCEDURES AND PRACTICES ARE ADEQUATE AND ARE BEING FOLLOWED AS REQUIRED BY 40 CFR 68.79(a).

Defendants (1)

• AMERICOLD LOGISTICS, LLCNamed in complaintNamed in settlement

Facilities (1)

• AMERICOLD LOGISTICS PLANT #75134

  1100 E. PARKWAY SOUTH, MEMPHIS, TN, 38114-6721

  Registry ID: 110000879559

Statutes cited

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

Enforcement conclusions (1)

• AMERICOLD LOGISTICS, LLCentered 2007-08-20

  Primary law: CAA

  Federal penalty: $1,140

Timeline (4 milestones)

• 2007-08-20Final Order Issued
• 2007-08-20Complaint Filed/Proposed Order
• 2007-08-28Enforcement Action Data Entered
• 2007-08-30Enforcement Action Closed