EPA v. PFG-CUSTOMIZED TENNESSEE

Case summary

6/5/2009 - EXPEDITED SETTLEMENT AGREEMENT ISSUED, ASSESSING A PENALTY $2250. BASED ON A COMPLIANCE MONITORING INSPECTION CONDUCTED AT THE RESPONDENT'S FACILITY ON SEPTEMBER 18, 2007, EPA ALLEGES THAT THE RESPONDENT VIOLATED THE ACT'S CHEMICAL ACCIDENT PREVENTION PROGRAM WHEN RESPONDENT DID NOT PROVIDE EVIDENCE THAT: AS PART OF ITS 2004 PROCESS HAZARD ANALYSIS (PHA), IF ESTABLISHED A SYSTEM TO PROMPTLY ADDRESS THE PHA FINDINGS AND RECOMMENDATIONS, AND DOCUMENT CLOSURE OF SUCH FINDINGS AND RECOMMENDATIONS AS REQUIRED BY 40 CFR SECTION 68.67(e); IT HAS DEVELOPMENT AND IMPLEMENTED WRITTEN OPERATING PROCEDURES THAT ADDRESS THE FOLLOWING ELEMENTS FOUND AT 40 CFR SECTION 68.69(a); (3) SAFETY AND HEALTH CONSIDERATIONS, INCLUDING (i) PROPERTIES OF, AND HAZARDS PRESENTED BY THE CHEMICALS USED IN THE PROCESS; AND (iii) CONTROL MEASURES TO BE TAKEN IF PHYSICAL CONTACT OR AIRBORNE EXPOSURE OCCURS; 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 HAS PREPARED A RECORD OF TRAINING ON OPERATING PROCEDURES (REFRESHER TRAINING IS REQUIRED AT LEAST EVERY THREE YEARS) WHICH CONTAINS THE IDENTITY OF THE EMPLOYEE, THE DATE OF TRAINING AND THE MEANS USED TO VERIFY THAT THE EMPLOYEE UNDERSTOOD THE TRAINING AS REQUIRED 40 CFR SECTION 68.71(c). IT HAS CONDUCTED AUDITS TO EVALUATE ITS COMPLIANCE WITH THE CHEMICAL ACCIDENT PREVENTION PROGRAM REQUIREMENTS AT LEAST EVERY THREE YEARS, AND BASED ON SUCH AUDITS, CERTIFIED THT THE PROCEDURES AND PRACTICES ARE ADEQUATE AND ARE BEING FOLLOWED AS REQUIRED BY 40 CFR SECTION 68.79(a).

Defendants (1)

• PFG-CUSTOMIZED TENNESSEENamed in complaintNamed in settlement

Facilities (1)

• PFG CUSTOMIZED DISTRIBUTION CENTER (FROMERLY KENNETH O. LESTER CO. DBA)

  825 MADDOX SIMPSON PKWY, LEBANON, TN, 37090

  Registry ID: 110072152963

Statutes cited

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

Enforcement conclusions (1)

• PFG-CUSTOMIZED TENNESSEEentered 2009-06-05

  Primary law: CAA

  Federal penalty: $2,250

Timeline (4 milestones)

• 2009-06-05Complaint Filed/Proposed Order
• 2009-06-05Final Order Issued
• 2009-06-24Enforcement Action Data Entered
• 2009-06-26Enforcement Action Closed