EPA v. PIGGLY WIGGLY ALABAMA DISTRIBUTING COMPANY

Case summary

8/24/11 - EXPEDITED SETTLEMENT AGREEMENT ISSUED, ASSESSING A PENALTY OF $6400, DUE WITHIN 15 DAYS. ALLEGATIONS: BASED ON A COMPLIANCE MONITORING INSPECTION CONDUCTED AT THE RESPONDENT'S FACILITY ON AUG 10, 2010, EPA ALLEGES THAT RESPONDENT VIOLATED THE CAA'S CHEMICAL ACCIDENT PREVENTION PROGRAM WHEN AT THE TIME OF THE INSPECTION, RESPONDENT DID NOT PROVIDE EVIDENCE THAT: - IT HAS DOCUMENTED THAT PROCESS EQUIPMENT COMPLIES WITH RECOGNIZED AND GENERALLY ACCEPTED GOOD ENGINEERING PRACTICES (I.E., ANSI/ASHRAE STANDARD 1) AS REQUIRED BY 40 CFR 68.65(d)(2). - IT ASSURED THAT ITS OCT 2007 PROCESS HAZARD ANALYSIS (PHA) RECOMMENDATIONS WERE RESOLVED IN A TIMELY MANNER AS REQUIRED BY 40 CFR 68.67(e); - AT LEAST EVERY 5 YEARS, IT HAS UPDATED AND REVALIDATED ITS PROCESS HAZARD ANALYSIS (PHA) TO ASSURE THAT THE PHA IS CONSISTENT WITH THE CURRENT PROCESS AS REQUIRED BY 40 CFR 68.67(f); AND - IT HAS CORRECTED DEFICIENCIES IN EQUIPMENT THAT WERE OUTSIDE ACCEPTABLE IN A SAFE AND TIMELY MANNER AS REQUIRED BY 40 CFR 68.73(e).

Defendants (1)

• PIGGLY WIGGLY ALABAMA DISTRIBUTING COMPANYNamed in complaintNamed in settlement

Facilities (1)

• PIGGLY WIGGLY ALABAMA DISTRIBUTING COMPANY

  2400 J. TERRELL WOOTEN DRIVE, BESSEMER, AL, 35020-2270

  Registry ID: 110022870437

Statutes cited

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

Enforcement conclusions (1)

• PIGGLY WIGGLY ALABAMA DISTRIBUTING COMPANYentered 2011-08-24

  Primary law: CAA

  Federal penalty: $6,400

Timeline (4 milestones)

• 2011-08-24Final Order Issued
• 2011-08-24Complaint Filed/Proposed Order
• 2011-09-06Enforcement Action Closed
• 2011-09-08Enforcement Action Data Entered