EPA v. KOCH FOODS, INC.

Case summary

5/14/13 - EXPEDITED SETTLEMENT AGREEMENT ISSUED, ASSESSING A PENALTY OF $2,100. ALLEGED VIOLATIONS: BASED ON A COMPLIANCE MONITORING INSPECTION CONDUCTED AT RESPONDENT'S FACILITY ON MAY 1, 2012, EPA ALLEGES THAT THE RESPONDENT VIOLATED THE CAA'S CHEMICAL ACCIDENT PREVENTION PROGRAM, WHEN AT THE TIME OF INSPECTION, RESPONDENT DID NOT PROVIDE EVIDENCE THAT: - IT CORRECTED DEFICIENCIES IN EQUIPMENT THAT WERE OUTSIDE ACCEPTABLE LIMITS DEFINED BY THE PROCESS SAFETY INFORMATION BEFORE FURTHER USE OR IN A SAFE AND TIMELY MANNER WHEN NECESSARY MEANS WERE TAKEN TO ASSURE SAFE OPERATION AS REQUIRED BY 40 CFR 68.73(e); AND; - IT CERTIFIED THAT IT EVALUATED COMPLIANCE WITH THE PROVISIONS OF THE PREVENTION PROGRAM AT LEAST EVERY 3 YEARS TO VERIFY THAT THE DEVELOPED PROCEDURES AND PRACTICES ARE ADEQUATE AND BEING FOLLOWED AS REQUIRED BY 40 CFR 68.79(a).

Defendants (1)

• KOCH FOODS, INC.Named in complaintNamed in settlement

Facilities (1)

• KOCH FOODS OF GADSDEN LLC

  515 TYSON RD, ASHLAND, AL, 36251

  Registry ID: 110042825020

Statutes cited

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

Enforcement conclusions (1)

• KOCH FOODS, INC.entered 2013-05-14

  Primary law: CAA

  Federal penalty: $2,100

Timeline (4 milestones)

• 2013-05-14Complaint Filed/Proposed Order
• 2013-05-14Final Order Issued
• 2013-05-16Enforcement Action Data Entered
• 2013-05-23Enforcement Action Closed