EPA v. FLEISCHMANN'S YEAST

Case summary

8/29/2007 - EXPEDITED SETTLEMENT AGREEMENT ISSUED, ASSESSING A PENALTY OF $1,710. RESPONDENT SHALL MAKE PAYMENT WITHIN FIFTEEN DAYS. BASED ON A COMPLIANCE MONITORING INSPECTION, EPA ALLEGES THAT THE RESPONDENT VIOLATED THE ACT'S CHEMICAL ACCIDENT PREVENTION PROGRAM WHEN RESPONDENT DID OT PROVIDE EVIDENCE THAT IT HAD: DEVELOPED AND IMPLEMENTED WRITTEN OPERATING PROCEDURES THAT ADDRESS THE FOLLOWING ELEMENTS FOUND AT 40 CFR SECTIN 68.69(a): SAFETY AND HEALTH CONSIDERATIONS, INCLUDING (3)(i) PROPERTIES OF, AND HAZARDS PRESENTED BY THE CHEMICALS USED IN THE PROCESS AND 3(iii) CONTROL MEASURES TO BE TAKEN IF PHYSICAL CONTACT OR AIRBORNE EXPOSURE OCCURS; CERTIFIED THE OPERATING PROCEDURES (I.E., THAT THE PROCEDURES ARE CURRENT AND ACCURATE) ON AN ANNUAL BASIS AS REQUIRED BY 40 CFR SECTION 68.69(c); PROVIDED REFRESHER TRAINING, AT LEAST EVERY THREE YEARS, TO EACH EMPLOYEE INVOLVED IN OPERATING ITS PROCESS TO ASSURE THAT EACH EMPLOYEE UNDERSTANDS AND ADHERES TO THE CURRENT OPERATING PROCDURES OF THE PROCESS AS REQUIRED BY 40 CFR 68.71 AND

Defendants (1)

• FLEISCHMANN'S YEASTNamed in complaintNamed in settlement

Facilities (2)

• FLEISCHMANN'S YEAST

  2743 RIVERPORT ROAD, MEMPHIS, TN, 38109

  Registry ID: 110000374041

• FLEISCHMANN'S YEAST

  2743 RIVERPORT ROAD, MEMPHIS, TN, 38109

  Registry ID: 110000374041

Statutes cited

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

Enforcement conclusions (1)

• FLEISCHMANN'S YEASTentered 2007-08-29

  Primary law: CAA

  Federal penalty: $1,710

Timeline (4 milestones)

• 2007-08-29Final Order Issued
• 2007-08-29Complaint Filed/Proposed Order
• 2007-09-10Enforcement Action Closed
• 2007-09-11Enforcement Action Data Entered