EPA v. CUSTOM FOOD PRODUCTS, LLC

Case summary

3/11/2015 - CONSENT AGREEMENT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $26,197. RESPONDENT SHALL MAKE PAYMENT WITHIN THIRTY DAYS. RESPONDENT ALSO AGREES TO COMPLETE A SEP. BASED ON AN RMPROGRAM COMPLIANCE MONITORING INVESTIGATION INITIATED ON MARCH 30, 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: FAILED TO USE THE MOST RECENT CENSUS DATA, OR OTHER UPDATED INFORMATION, TO ESTIMATE THE POPULATION POTENTIALLY AFFECTED IN DEFINING OFFSITE IMPACTS AS REQUIRED BY 40 CFR SECTION 68.30(c); FAILED TO DOCUMENT A BLOCK FLOW DIAGRAM OR SIMPLIFIED PROCESS FLOW DIAGRAM AS REQUIRED BY 40 CFR SECTION 68.65(c)(1)(i); FAILED TO DOCUMENT SAFE UPPER AND LOWER LIMITS FOR SUCH ITEMS AS TEMPERATURES, PRESSURES, FLOWS OR COMPOSITIONS AS REQUIRED BY 40 CFR SECTION 68.65(c)(iv); FAILED TO DOCUMENT AN EVALUATION OF THE CONSEQUENCES OF DEVIATIONS AS REQUIRED BY 40 CFR SECTION 68.65(1)(v); FAILED TO DOCUMENT MATERIALS OF CONSTRUCTION INFORMATION PERTAINING TO EQUIPMENT IN THE PROCESS AS REQUIRED BY 40 CFR SECTION 68.65(d)(1)(I); FAILED TO DOCUMENT ELECTRICAL CLASSIFICATION INFORMATION AS REQUIRED BY 40 CFR SECTION 68.65(d)(1)(iii); FAILED TO DOCUMENT RELIEF SYSTEM DESIGN AND DESIGN BASIS INFORMATION AS REQUIRED BY 40 CFR SECTION 68.65(d)(1)(iv); FAILED TO DOCUMENT VENTILATION SYSTEM DESIGN INFORMATION AS REQUIRED BY 40 CFR SECTION 68.65(d)(1)(v);

Defendants (1)

• CUSTOM FOOD PRODUCTS, LLCNamed in complaintNamed in settlement

Facilities (1)

• CUSTOM FOOD PRODUCTS LLC

  59 CUSTOM FOOD DR, OWINGSVILLE, KY, 40360

  Registry ID: 110039603079

Statutes cited

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

Enforcement conclusions (1)

• CUSTOM FOOD PRODUCTS, LLCentered 2015-03-11

  Primary law: CAA

  Federal penalty: $26,197 · SEP: $84,504

Timeline (4 milestones)

• 2015-03-11Final Order Issued
• 2015-03-11Complaint Filed/Proposed Order
• 2015-03-13Enforcement Action Data Entered
• 2015-03-31Enforcement Action Closed