EPA v. U. S. FOODS, INC.

Case summary

1/15/2014 - CONSENT AGREEMENT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $109,200. RESPONDENT SHALL MAKE PAYMENT WITHIN THIRTY DAYS. ORDER ALLEGES: BASED ON AN RMPROGRAM COMPLIANCE MONITORING INVESTIGATION INITIATED ON JUNE 12, 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 SECTION PART 68 WHEN IT: FAILED TO ADDRESS SAFETY AND HEALTH CONSIDERATIONS IN WRITTEN OPERATING PROCEDURES AS REQUIRED BY 40 CFR SECTION 68.69(a)(3); FAILED TO PREPARE A RECORD WHICH CONTAINS THE MEANS USED TO VERIFY THAT EMPLOYEES UNDERSTOOD TRAINING AS REQUIRED BY 40 CFR SECTION 68.71(c); FAILED TO CORRECT DEFICIENCIES IN AMMONIA ALARMS IN A SAFE AND TIMELY MATTER AS REQUIRED BY 40 CFR SECTION 68.73(e); FAILED TO IMPLEMENT MANAGEMENT OF CHANGE PROCEDURES PRIOR TO A CHANGE AS REQUIRED BY 40 CFR SECTION 68.75(b); FAILED TO PERFORM A PRE-STARTUP REVIEW WHEN THE MODIFICATION WAS SIGNIFICANT ENOUGH TO REQUIRED A CHANGE IN THE PROCESS SAFETY INFORMATION AS REQUIRED BY 40 CFR SECTION 68.77(a); FAILED TO CERTIFY COMPLIANCE AUDITS AT LEAST EVERY THREE YEARS AS REQUIRED BY 40 CFR SECTION 68.79(a).

Defendants (1)

• U. S. FOODS, INC.Named in complaintNamed in settlement

Facilities (1)

• US FOODSERVICE

  2850 SELMA HIGHWAY, MONTGOMERY, AL, 36108-5036

  Registry ID: 110003384793

Statutes cited

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

Enforcement conclusions (1)

• U. S. FOODS, INC.entered 2014-01-15

  Primary law: CAA

  Federal penalty: $109,200

Timeline (4 milestones)

• 2014-01-15Final Order Issued
• 2014-01-15Complaint Filed/Proposed Order
• 2014-01-27Enforcement Action Data Entered
• 2014-02-03Enforcement Action Closed