EPA v. FIELD PACKING COMPANY LLC

Case summary

6/30/16 - CONSENT AGREEMENT ISSUED, ASSESSING A PENALTY OF $82,600. RESPONDENT SHALL MAKE PAYMENT WITHIN THIRTY CALENDAR DAYS OF THE EFFECTIVE DATE OF THIS AGREEMENT. ORDER ALLEGES: BASED ON EPA'S COMPLIANCE MONITORING INVESTIGATION, THE EPA ALLEGES THAT RESPONDENT VIOLATED THE CODIFIED RULES GOVERNING THE ACT'S CHEMICAL ACCIDENT PREVENTION PROVISIONS, BECAUSE RESPONDENT DID NOT ADEQUATELY IMPLEMENT PROVISIONS OF 40 CFR PART 68 WHEN IT: FAILED TO DOUCMENT THAT EQUIPMENT COMPLIES WITH RECOGNIZED AND GENERALLY ACCEPTED GOOD ENGINEERING PRACTICES AS REQUIRED BY 40 CFR SECTION 68.65(d)(2); FAILED TO RETAIN PHAs AND UPDATES OR REVALIDATIONS AS WELL AS THE RESOLUTION OF RECOMMENDATIONS FOR THE LIFE OF THE PROCESS AS REQUIRED BY 40 CFR SECTION 68.67(g); FAILED TO INITIALLY TRAIN EACH EMPLOYEE BEFORE BEING INVOLVED IN OPERATING A NEWLY ASSIGNED PROCESS AS REQUIRED BY 40 CFR SECTION 68.71(a)(1); FAILED TO PROVIDE REFRESHER TRAINING AT LEAST EVERY THREE YEARS, TO EACH EMPLOYEE INVOLVED IN OPERATING PROCESS TO ASSURE THAT THE EMPLOYEE UNDERSTANDS AND ADHERE TO THE CURRENT OPERATING PROCEDURES OF THE PROCESS AS REQUIRED BY 40 CFR SECTION 68.71(b); FAILED TO PERFORM INSPECTION AND TESTS ON PROCESS EQUIPMENT AS REQUIRED BY 40 CFR SECTION 68.73(d)(1); FAILED TO ENSURE ITS INSPECTION AND TESTING PROCEDURES FOLLOWED RECOGNIZED AND GENERALLY ACCEPTED GOOD ENGINEERING PRACTICES AS REQUIRED BY 40 CFR SECTION 68.73(d)(2); AND FAILED TO ESTABLISH A SYSTEM TO ADDRESS AND RESOLVE THE (COMPLIANCE REPORT) FINDINGS AND RECOMMENDATIONS AND TO DOCUMENT RESOLUTIONS AND CORRECTIVE ACTIONS AS REQUIRED BY 40 CFR SECTION 68.81(e).

Defendants (1)

• FIELD PACKING COMPANY LLCNamed in complaintNamed in settlement

Facilities (1)

• SPECIALTY FOODS GROUP, LLC

  6 DUBLIN LN., OWENSBORO, KY, 42301

  Registry ID: 110011735649

Statutes cited

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

Enforcement conclusions (1)

• FIELD PACKING COMPANY LLCentered 2016-06-30

  Primary law: CAA

  Federal penalty: $82,600

Timeline (3 milestones)

• 2016-06-30Final Order Issued
• 2016-06-30Complaint Filed/Proposed Order
• 2016-08-22Enforcement Action Data Entered