EPA v. KOCH MEAT COMPANY

Case summary

7/29/2008 - EXPEDITED SETTLEMENT AGREEMENT ISSUED, ASSESSING A PENALTY OF $3,810. RESPONDENT SHALL MAKE PAYMENT WITHIN FIFTEEN DAYS. AGREEMENT ALLEGES: EPA ALLEGES THAT THE RESPONDENT VIOLATED THE ACT'S CHEMICAL ACCIDENT PREVENTION PROGRAM WHEN RESPONDENT DID NOT PROVIDE EVIDENCE THAT IT HAD DOCUMENTED THE NAMES OR POSITIONS OF ALL PERSONS RESPONSIBLE FOR IMPLEMENTING INDIVIDUAL PREVENTION PROGRAM ELEMENTS AND DEFINED THE LINES OF AUTHORITY THROUGH AN ORGANIZATION CHART OR SIMILAR DOCUMENT AS REQUIRED BY 40 CFR SECTION 68.15(c); AS PART OF THE PROCESS HAZARD ANALYSIS (pha) CONDUCTED IN THE YEAR 2005, IT HAD DOCUMENTED NECESSARY ACTION ITEMS, DEVELOPED A WRITTEN SCHEDULE OF WHEN SUCH ACTION ITEMS WERE TO BE COMPLETED, AND DOCUMENTED RESOLUTION (CLOSURE) OF SUCH ACTION ITEMS AS REQUIRED BY 40 CFR SECTION 68.67(e); IT HAS ANNUALLY CERTIFIED THAT THE OPERATING PROCEDURES ARE CURRENT AND ACCURATE AND THAT PROCEDURES HAVE BEEN REVIEWED AS OFTEN AS NECESSARY AS REQUIRED BY 40 CFR SECTION 68.69(c); AND IT SUBMITTED ITS RISK MANAGEMENT PLAN BEFORE A REGULATED SUBSTANCE WAS FIRST PRESENT IN A PROCESS ABOVE THE APPLICABLE THRESHOLD QUANTITY (10,000 POUNDS FOR ANHYDROUS AMMONIA).

Defendants (1)

• KOCH MEAT COMPANYNamed in complaintNamed in settlement

Facilities (1)

• KOCH FOODS OF MORRISTOWN (PROCESSING PLANT)

  123 S FAIRMONT AVE, MORRISTOWN, TN, 37813

  Registry ID: 110013287781

Statutes cited

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

Enforcement conclusions (1)

• KOCH MEAT COMPANYentered 2008-07-29

  Primary law: CAA

  Federal penalty: $3,810

Timeline (4 milestones)

• 2008-07-29Final Order Issued
• 2008-07-29Complaint Filed/Proposed Order
• 2008-07-31Enforcement Action Data Entered
• 2008-08-13Enforcement Action Closed