EPA v. BLUE BELL CREAMERIES, L.P.

Case summary

5/18/2011 - EXPEDITED SETTLEMENT AGREEMENT ISSUED, ASSESSING A PENALTY OF $5,850. RESPONDENT SHALL MAKE PAYMENT WITHIN FIFTEEN DAYS. ORDER ALLEGES: BASED ON A COMPLIANCE MONITORING INSPECTION CONDUCTED AT THE RESPONDENT'S FACILITY, EPA ALLEGES THAT THE RESPONDENT VIOLATED THE ACT'S CHEMICAL ACCIDENT PREVENTION PROGRAM WHEN AT THE TIME OF INSPECTION, RESPONDENT DID NOT PROVIDE EVIDENCE THAT: AS PART OF ITS SAFETY INFORMATION DOCUMENTATION, IT HAS COMPLIED AND MAINTAINED THE FOLLOWING INFORMATION PERTAINING TO THE EQUIPMENT IN THE PROCESS AS REQUIRED BY 40 CFR SECTION 686.5(d)(1)(vi): DESIGN CODES AND STANDARDS EMPLOYED; IT HAS UPDATED AND REVALIDATED THE PROCESS HAZARD ANALYSIS AT LEAST EVERY FIVE YEARS AS REQUIRED BY 40 CFR SECTION 68.67(f); AND ITS WRITTEN OPERATING PROCDUERES THAT ADDRESS THE FOLLOWING SAFETY AND HEALTH CONSIDERATIONS: PROPERTIES OF, AND HAZARDS PRESENTED BY THE CHEMICALS USED IN THE PROCESS AS REQUIRED BY 40 CFR SECTION 68.69(a)(#)(i); PRECAUTIONS NECESSARY TO PREVENT EXPOSURE, INCLUDING ENGINEERING CONTROLS, ADMINISTRATIVE CONTROLS AND PERSONNEL PROTECTIVE EQUIPMENT AS REQUIRED BY 40 CFR SECTION 68.69(a)(3)(ii); AND CONTROL MEASURES TO BE TAKEN IF PHYSICAL CONTACT OR AIRBORNE EXPOSURE OCCURS AS REQUIRED BY 40 CFR SECTION 68.69(a)(3)(iii).

Defendants (1)

• BLUE BELL CREAMERIES, L.P.Named in complaintNamed in settlement

Facilities (1)

• BLUE BELL CREAMERIES - SYLACAUGA

  423 N NORTON AVE, SYLACAUGA, AL, 351502009

  Registry ID: 110000513613

Statutes cited

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

Enforcement conclusions (1)

• BLUE BELL CREAMERIES, L.P.entered 2011-05-18

  Primary law: CAA

  Federal penalty: $5,850

Timeline (4 milestones)

• 2011-05-18Complaint Filed/Proposed Order
• 2011-05-18Final Order Issued
• 2011-05-23Enforcement Action Data Entered
• 2011-05-26Enforcement Action Closed