EPA v. MERCHANTS COLD STORAGE, LLC

Case summary

3/10/16 - CONSENT AGREEMENT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $43,500. RESPONDENT SHALL MAKE PAYMENT WITHIN THIRTY DAYS. ORDER ALLEGES: BASED ON AN RMPROGRAM COMPLIANCE MONITORING INVESTIGATION INITIATED ON OCTOBER 29, 2013, THE EPA ALLEGES THAT THE RESPONDENT VIOLATED THE CODIFIED RULES GOVERNINGTHE CAA CHEMICAL ACCIDENT PREVENTION PROVISIONS, BECAUSE RESPONDENT DID NOT ADEQUATELY IMPLEMENT PROVISION 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 OFFISIE IMPACTS AS REQUIRED BY 40 CFR SECTION 68.30(c); FAILED TO DOCUMENT THAT EQUIPMENT COMPLIES WITH RECOGNIZED AND GENERALLY ACCEPTED GOOD ENGINEERING PRACTICES AS REQUIRED BY 40 CFR SECTION 68.65(d)(2); FAILED TO ANNUALLY CERTIFY THAT OPERATING PROCEDURES ARE CURRENT AND ACCURATE AS REQUIRED BY 40 CFR SECTION 68.69(c); FAILED AS THE OWNER OR OPERATOR TO ASCERTAIN IN A TRAINING RECORD THAT EACH EMPLOYEE INVOLVED IN OPERATING A PROCESS HAS RECEIVED AND UNDERSTOOD THE TRAINING AS REQUIRED BY 40 CFR SECTION 68.71(c);

Defendants (1)

• MERCHANTS COLD STORAGE LLCNamed in complaintNamed in settlement

Facilities (1)

• MERCHANTS COLD STORAGE, LLC.,

  240 SHORLAND DRIVE, WALTON, KY, 41094

  Registry ID: 110030736782

Statutes cited

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

Enforcement conclusions (1)

• MERCHANTS COLD STORAGE, LLCentered 2016-03-10

  Primary law: CAA

  Federal penalty: $43,500

Timeline (4 milestones)

• 2016-03-10Complaint Filed/Proposed Order
• 2016-03-10Final Order Issued
• 2016-03-16Enforcement Action Data Entered
• 2016-04-12Enforcement Action Closed