EPA v. KOCH FOODS, INC.

Case summary

9/24/2015 - EXPEDITED SETTLEMENT AGREEMENT ISSUED, ASSESSING A PENALTY OF $4,200. RESPONDENT SHALL MAKE PAYMENT WITHIN FIFTEEN DAYS. AGREEMENT ALLEGES: BASED ON A COMPLIANCE MONITORING INSPECTION AT RESPONDENT'S FACILITY, ON MAY 6, 2014, EPA ALLEGES THAT RESPONDENT VIOLATED THE ACT'S CHEMICAL ACCIDENT PREVENTION PROGRAM, WHN AT THE TIME OF THE INSPECTION, RESPONDENT DID NOT PROVIDE EVIDENCE THAT: IT DOCUMENTED THAT EQUIPMENT COMPLIES WITH RECOGNIZED AND GENERALLY ACCEPTED GOOD ENGINEERING PRACTICES AS REQUIED BY 40 CFR SECTION 65.68(d)(2); IT ASSURED PROCEDURES FOR AUTHORIZATION REQUIREMENTS FORTHE PROPOSED CHANGE WERE ADDRESSED PRIOR TO A CHANGE AS REQUIRED BY 40 CFR SECTION 68.75(b)(5); IT CERTIFIED THAT IT EVALUATED COMPLIANCE WITH THE PROVISION OF THE PREVENTION PROGRAM AT LAST EVERY THREE YEARS AS REQUIRED BY 40 CFR SECTION 68.79(a); IT ESTABLISHED A SYSTEM TO ADDRESS AND RESOLVE THE REPORT FINDINGS AND RECOMMENDATIONS, AND DOCUMENTED THE RESOLUTIONS AND CORRECTIVE ACTIVE ACTIONS AS REQUIRED BY 40 CFR SECTION 68.81(e).

Defendants (1)

• KOCH FOODS, INC.Named in complaintNamed in settlement

Facilities (1)

• KOCH FOODS - CHATTANOOGA

  1835 KERR STREET, CHATTANOOGA, TN, 37408-2017

  Registry ID: 110024424363

Statutes cited

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

Enforcement conclusions (1)

• KOCH FOODS, INC.entered 2015-09-24

  Primary law: CAA

  Federal penalty: $4,200

Timeline (4 milestones)

• 2015-09-24Final Order Issued
• 2015-09-24Complaint Filed/Proposed Order
• 2015-09-25Enforcement Action Data Entered
• 2015-10-05Enforcement Action Closed