EPA v. GIBSON FARMERS COOPERATIVE

Case summary

8/4/2011 - EXPEDITED SETTLEMENT AGREEMENT ISSUED, ASSESSING A PENALTY OF $2400. RESPONDENT SHALL MAKE PAYMENT WITHIN FIFTEEN DAYS. ALLEGED VIOLATIONS: BASED ON A COMPLIANCE MONITORING INSPECTION CONDUCTED AT THE RESPONDENT'S FACILITY, ON AUGUST 4, 2010, 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: IT HAS COMPILED AND MAINTAINED THE FOLLOWING UP-TO-DATE SAFETY INFORMATION, RELATED TO THE REGULATED SUBSTANCES, PROCESSES, AND EQUIPMENT AS REQUIRED BY 40 CFR SECTION 68.48(a)(3) - (5): SAFE UPPER AND LOWER TEMPERATURES, PRESSURES, FLOWS, AND COMPOSITIONS, EQUIPMENT SPECIFICATIONS, AND CODES AND STANDARDS USED TO DESIGN, BUILD, AND OPERATE THE PROCESS; AND IT HAS, AT LEAST EVERY THREE YEARS, CERTIFIED THAT ITS COMPLIANCE WITH THE PROVISIONS OF 40 CFR PART 69 TO VERIFY THAT ITS ACCIDENT PREVENTION PROGRAM PROCEDURES AND PRACTICES ARE ADEQUATE AND ARE BEING FOLLOWED AS REQUIRED BY 40 CFR SECTION 68.58(a).

Defendants (1)

• GIBSON FARMERS COOPERATIVE (SB)Named in complaintNamed in settlement

Facilities (1)

• DYER, TN

  8 GRAVETTS CROSSING ROAD EAST, DYER, TN, 383300303

  Registry ID: 110000878541

Statutes cited

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

Enforcement conclusions (1)

• GIBSON FARMERS COOPERATIVEentered 2011-08-04

  Primary law: CAA

  Federal penalty: $2,400

Timeline (4 milestones)

• 2011-08-04Complaint Filed/Proposed Order
• 2011-08-04Final Order Issued
• 2011-08-10Enforcement Action Data Entered
• 2011-08-15Enforcement Action Closed