EPA v. F. B. PURNELL SAUSAGE, INC.

Case summary

9/3/2014 - CONSENT AGREEMENT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $72,100. RESPONDENT SHALL MAKE PAYMENT WITHIN THIRTY DAYS. ORDER ALLEGES: BASED ON AN RMPROGRAM COMPLIANCE MONITORING INVESTIGATION INITIATED BY EPA ON JANUARY 17, 2013, 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: 1) FAILED TO DOCUMENT NAMED INDIVIDUALS OR POSITIONS RESPONSIBLE FOR IMPLEMENTING INDIVIDUAL REQUIREMENTS OF THE RISK MANAGEMENT PROGRAM, AND DEFINE THE LINES OF AUTHORITY THROUGH AN ORGANIZATION CHART OR SIMILAR DOCUMENT AS REQUIRED BY 40 CFR SECTION 68.15(c) 2) FAILED TO UPDATE AND REVALIDATE THE PROCESS HAZARD ANALYSIS AT LEAST EVERY FIVE YEARS AFTER THE COMPLETION OF THE INITIAL PROGRESS HAZARD ANALYSIS AS REQUIRED BY 40 CFR SECTION 68.67(f); 3) FAILED TO RETAIN DOCUMENTED PROCESS HAZARD ANALYSES AND UPDATES OR REVALIDATIONS FOR THE LIFE OF THE PROCESS AS REQUIRED BY 40 CFR SECTION 68.67(g); 4) FAILED TO CERTIFY ANNUALLY THAT OPERATING PROCEDURES ARE CURRENT AND ACCURATE AN REQUIRED BY 40 CFR SECTION 68.69(a); 5) FAILED PROVIDE REFRESHER TRAINING AT LEAST EVERY THREE YEARS TO EACH EMPLOYEE INVOLVED IN OPERATING A PROCESS AS REQUIRED BY 40 CFR SECTION 68.71(b); 6) FAILURE TO CONDUCT VIBRATION ANALYSES AT A FREQUENCY CONSISTENT WITH GOOD ENGINEERING PRACTICES AS REQUIED BY 40 CFR SECTION 68.73(d)(3); 7) FAILED FOR EACH INSPECTION AND TEST TO DOCUMENT THE NAME OF THE PERSON WHO PERFORMED THE INSPECTION OR TEST TO DOCUMENT THE NAME OF THE PERSON WHO PERFORMED THE INSPECTION OR TEST AS REQUIRED BY 40 CFR SECTION 68.73(d)(4); 8) FAILED TO PROMPTLY DETERMINE AND DOCUMENT AN APPROPRIATE RESPONSE TO EACH OF THE AUDIT FINDINGS OF THE COMPLIANCE AUDIT FINDINGS OF THE COMPLIANCE AUDIT, AND DOCUMENT THAT DEFICIENCIES HAVE BEEN CORRECTED AS REQUIRED BY 40 CFR 68.79(d); 9) FAILED TO RETAIN THE TWO (2) MOST RECENT COMPLIANCE AUDIT REPORTS AS REQUIRED BY 40 CFR SECTION 68.79(e).

Defendants (1)

• F. B. PURNELL SAUSAGE, INC.Named in complaintNamed in settlement

Facilities (1)

• F B PURNELL SAUSAGE CO

  6931 SHELBYVILLE ROAD, SIMPSONVILLE, KY, 40067-6511

  Registry ID: 110003221497

Statutes cited

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

Enforcement conclusions (1)

• F. B. PURNELL SAUSAGE, INC.entered 2014-09-03

  Primary law: CAA

  Federal penalty: $72,100

Timeline (4 milestones)

• 2014-02-19Enforcement Action Data Entered
• 2014-09-03Complaint Filed/Proposed Order
• 2014-09-03Final Order Issued
• 2014-09-30Enforcement Action Closed