EPA v. TYSON CHICKEN, INC.

Case summary

1/28/16 - EXPEDITED SETTLEMENT AGREEMENT ISSUED, ASSESSING A PENALTY OF $2400. RESPONDENT SHALL MAKE PAYMENT WITHIN FIFTEEN DAYS. ALLEGED VIOLATIONS: ON JULY 31, 2013, EPA ALLEGES THAT THE RESPONDENT VIOLATED THE ACT'S CHEMICAL ACCIDENT PREVENTION PROVISIONS, WHEN AT THE TIME OF INSPECTION, RESPONDENT DID NOT PROVIDE EVIDENCE THAT: IT PROVIDED REFRESHER TRAINING AT LEAST EVERY THREE YEARS, OR MORE OFTEN IF NECESSARY, TO EACH EMPLOYEE INVOLVED IN OPERATING A PROCESS TO ASSURE THAT THE EMPLOYEE UNDERSTANDS AND ADHERES TO THE CURRENT OPERATING PROCEDURES OF THE PROCESS AS REQUIRED BY 40 CFR SECTION 68.71(b); IT PERFORMED A PRE-STARTUP SAFETY REVIEW, AFTER THE FACILITY INSTALLED A SIXTH IQF FREEZER IN OCTOBER 2012, TO CONFIRM THAT CONSTRUCTION AND EQUIPMENT WAS IN ACCORDANCE WITH DESIGN SPECIFICATIONS AS REQUIRED BY 40 CFR SECTION 68.77(b)(1); IF PERFORMED A PRE-STARTUP SAFETY REVIEW, AFTER THE FACILITY INSTALLED A SIXTH IQF FREEZER IN OCTOBER 2012, TO CONFIRM TAHT SAFETY, OPERATING, MAINTENANCE, AND EMERGENCY PROCEDURES WERE IN PLACE AND WERE ADEQUATE AS REQUIRED BY 40 CFR SECTION 68.77(b)(2); IT PEFORMED A PRE-STARTUP SAFETY REVIEW, AFTER THE FACILITY INSTALLED A SIXTH IQF FREEZER IN OCTOBER 2012, TO CONFIRM THAT TRAINING OF EACH EMPLOYEE INVOLVED IN OEPRATING THE PROCESS HAD BEEN COMPLETED AS REQUIRED BY 40 CFR SECTION 68.77(b)(4).

Defendants (1)

• TYSON CHICKEN, INC.Named in complaintNamed in settlement

Facilities (1)

• TYSON CHICKEN INC. ROBARDS, KY.

  14660 HIGHWAY 41 SOUTH, ROBARDS, KY, 42452-9706

  Registry ID: 110000591413

Statutes cited

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

Enforcement conclusions (1)

• TYSON CHICKEN, INC.entered 2016-01-28

  Primary law: CAA

  Federal penalty: $2,400

Timeline (4 milestones)

• 2016-01-28Final Order Issued
• 2016-01-28Complaint Filed/Proposed Order
• 2016-02-05Enforcement Action Data Entered
• 2016-02-17Enforcement Action Closed