EPA v. THE J. M. SMUCKER COMPANY

Case summary

1/15/2015 - EXPEDITED SETTLEMENT AGREEMENT ISSUED, ASSESSING A PENALTY OF $6300. RESPONDENT SHALL MAKE PAYMENT WITHIN FIFTEEN DAYS. ALLEGED VIOLATIONS: EPA ALLEGES THAT THE RESPONDENT VIOLATED THE ACT'S CHEMICAL ACCIDENT PREVENTION PROGRAM, WHEN AT THE TIME OF INSPECTION, RESPONDENT DID NOT PROVIDE EVIDENCE THAT: IT DOCUMENTD THAT EQUIPMENT COMPLIES WITH RECOGNIZED AND GENERALLY ACCEPTED GOOD ENGINEERING PRACTICES AS REQUIRED BY 40 CFR SECTION 68.65(d)(2); IT RETAINED PHAs AND UPDATES OR REVALIDATIONS FOR EACH PROCESS COVERED, AS WELL AS THE RESOLUTION OF RECOMMENDATIONS FOR THE LIFE OF THE PROCESS AS REQUIRED BY 40 CFR SECTION 68.67(g); IT CERTIFIED ANNUALLY THAT THE OPERATING PROCEDURES ARE CURRENT AND ACCURATE AND THT PROCEDURES HAVE BEEN REVIEWED AS OFTEN AS NECESSARY AS REQUIRED BY 40 CFR SECTION 68.69(c); IT PERFORMED INSPECTIONS AND TESTS ON PROCESS EQUIPMENT AS REQUIRED BY 40 CFR SECTON 68.73(d)(1); IT PROMPTLY DETERMINED AND DOCUMENTED AN APPROPRIATE RESPONSE TO EACH OF THE FINDINGS OF THE AUDIT AND DOCUMENTED THAT DEFICIENCIES HAD BEEN CORRECTED AS REQUIRED BY 40 CFR SECTION 68.79(d); ITS EMERGENCY RESPONSE PLAN CONTAINS PROCEDURES FOR THE USE OF EMERGENCY RESPONSE EQUIPMENT AND FOR ITS INSPECTION, TESTING, AND MAINTENANCE AS REQUIRED BY 40 CFR SECTION 68.95(a)(2).

Defendants (1)

• THE J. M. SMUCKER COMPANYNamed in complaintNamed in settlement

Facilities (4)

• JM SMUCKER, LLC

  1070 SMITH'S GROVE ROAD, SCOTTSVILLE, KY, 42164-9444

  Registry ID: 110031262309

• JM SMUCKER, LLC

  1070 SMITH'S GROVE ROAD, SCOTTSVILLE, KY, 42164-9444

  Registry ID: 110031262309

• JM SMUCKER, LLC

  1070 SMITH'S GROVE ROAD, SCOTTSVILLE, KY, 42164-9444

  Registry ID: 110031262309

• JM SMUCKER, LLC

  1070 SMITH'S GROVE ROAD, SCOTTSVILLE, KY, 42164-9444

  Registry ID: 110031262309

Statutes cited

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

Enforcement conclusions (1)

• THE J. M. SMUCKER COMPANYentered 2015-01-15

  Primary law: CAA

  Federal penalty: $6,300

Timeline (4 milestones)

• 2015-01-15Complaint Filed/Proposed Order
• 2015-01-15Final Order Issued
• 2015-02-03Enforcement Action Closed
• 2015-02-04Enforcement Action Data Entered