EPA v. TYSON FOODS, INC.

Case summary

1/15/2014 - CONSENT AGREEMENT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $20,973. RESPONDENT SHALL MAKE PAYMENT WITHIN THIRTY DAYS. RESPONDENT ALSO AGREES TO COMPLETE A SEP. ORDER ALLEGES: BASED ON AN RMPROGRAM COMPLIANCE MONITORING INVESTIGATION INITIATED ON APRIL 10, 2012, THE EPA ALLEGES THAT THE RESPONDENT VIOLATED THE CODIFIED RULES GOVERNING THE CAA CHEMICAL ACCIDENT PREVENTION PROVISIONS, BECAUSE RESPONDENT DID NOT ADEQUATELY IMPLEMENT PROVISIONS OF 40 CFR PART 68 WHEN IT: FAILED TO PERFORM THE 2009 PROCESS HAZARD ANALYSIS REVALIDATION BY A TEAM WITH EXPERTISE IN ENGINEERING AND PROCESS OPERATIONS AS REQUIRED BY 40 DFR SECTION 68.67(f); FAILED TO RETAIN DOCUMENTED RESOLUTIONS OF THE 2009 PROCESS HAZARD ANALYSIS REVALIDATION AS REQUIRED 40 CFR SECTION 68.67(g); FAILED TO CERTIFY ANNUALLY THAT OPERATING PROCEDURES ARE CURRENT AND ACCURATE AS REQUIRED BY 40 CFR SECTION 68.69(c); FAILED TO IMPLEMENT SAFE WORK PRACTICES TO PROVIDE FOR THE CONTROL OF HAZARDS DURING AMMONIA LINE OPENING OPERATIONS AS REQUIRED BY 40 CFR SECTION 68.69(d).

Defendants (1)

• TYSON FOODS, INC.Named in complaintNamed in settlement

Facilities (2)

• TYSON FOODS INC ALBERTVILLE PROCESSING PLANT

  6600 HIGHWAY 431 SOUTH, ALBERTVILLE, AL, 35950

  Registry ID: 110000711310

• TYSON FOODS INC ALBERTVILLE PROCESSING PLANT

  6600 HIGHWAY 431 SOUTH, ALBERTVILLE, AL, 35950

  Registry ID: 110072153229

Statutes cited

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

Enforcement conclusions (1)

• TYSON FOODS, INC.entered 2014-01-15

  Primary law: CAA

  Federal penalty: $20,973 · SEP: $19,284

Timeline (4 milestones)

• 2014-01-15Complaint Filed/Proposed Order
• 2014-01-15Final Order Issued
• 2014-01-23Enforcement Action Data Entered
• 2014-01-30Enforcement Action Closed