EPA v. KROGER LIMITED PARTNERSHIP II dba COUNTRY OVEN BAKERY

Case summary

9/20/16 - CONSENT AGMT ISSUED, ASSESSING A PENALTY OF $57,400, DUE WITHIN 30 DAYS. ALLEGED VIOLATIONS: BASED ON EPA'S COMPLIANCE MONITORING INVESTIGATION, EPA ALLEGES THAT RESPONDENT VIOLATED THE CODIFIED RULES GOVERNING THE CAA'S CHEMICAL ACCIDENT PREVENTION PROVISIONS, BECAUSE RESPONDENT DID NOT ADEQUATELY IMPLEMENT PROVISIONS OF 40 CFR PART 68 WHEN IT: FAILED TO ANNUALLY CERTIFY THAT OPERATING PROCEDURES WERE CURRENT AND ACCURATE AND THAT PROCEDURES HAD BEEN REVIEWED AS OFTEN AS NECESSARY AS REQUIRED BY 40 CFR 68.69(c); FAILED TO CERTIFY COMPLIANCE THRU A COMPLIANCE AUDIT AT LEAST EVERY 3 YEARS TO VERIFY PROCEDURES AND PRACTICES ARE ADEQUATE AND ARE BEING FOLLOWED AS REQUIRED BY 40 CFR 68.79(a); FAILED TO UPDATE THE RMPlan WITHIN 6 MONTHS ON WHICH A REGULATED SUBSTANCE IS FIRST PRESENT ABOVE A THRESHOLD QUANTITY IN A NEW PROCESS AS REQUIRED BY 40 CFR 68.190(b)(4); FAILED TO SUBMIT A CORRECTED RMPlan WITHIN ONE MONTH OF A CHANGE IN THE EMERGENCY CONTACT INFO AS REQUIRED BY 40 CFR 68.195(b).

Defendants (2)

• COUNTRY OVEN BAKERYNamed in complaintNamed in settlement
• KROGER LIMITED PARTNERSHIP IINamed in complaintNamed in settlement

Facilities (1)

• COUNTRY OVEN BAKERY

  2840 PIONEER DRIVE, BOWLING GREEN, KY, 42101-4053

  Registry ID: 110000537946

Statutes cited

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

Enforcement conclusions (1)

• KROGER LIMITED PARTNERSHIP II dba COUNTRY OVEN BAKERYentered 2016-09-20

  Primary law: CAA

  Federal penalty: $57,400

Timeline (4 milestones)

• 2016-09-20Final Order Issued
• 2016-09-20Complaint Filed/Proposed Order
• 2016-09-20Enforcement Action Data Entered
• 2016-10-20Enforcement Action Closed