EPA v. UNITED DAIRY FARMERS, INC.

Case summary

3/2/17 - CONSENT AGREEMENT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $49,000. RESPONDENT SHALL MAKE PAYMENT WITHIN THIRTY DAYS. ORDER ALLEGES: BASED ON THE FACTS ALLEGED, AND CONSIDERATION OF THE INFORMATION SUBMITTED TO THE EPA IN RESPONSE TO THE NOPV, THE EPA ALLEGES THAT RESPONDENT VIOLATED THE CODIFIED RULES OF 40 CFR, PART 68, GOVERNING THE ACT'S CHEMICAL ACCIDENT PREVENTION PROVISIONS WHEN IT: FAILED TO UPDATE AND REVALIDATE THE DISTRIBUTION CENTER COVERED PROCESS PHA AT LEAST EVERY FIVE YEARS AS REQUIRED BY 40 CFR SECTION 68.67(f); FAILED TO RETAIN DOCUMENTATION FOR DISTRIBUTION CENTER PHA RECOMMENDATION RESOLUTIONS FOR THE LIFE OF THE COVERED PROCESS AS REQUIRED BY 40 CFR SECTION 68.67(g); FAILED TO DOCUMENT THE MEANS IT USED TO VERIFY THAT EACH EMPLOYEE OPERATING THE STATIONARY SOURCE PROCESSES UNDERSTOOD THE REQYIRED TRAINING COVERING AN OVERVIEW OF THE PROCESSES AND THE ASSOCIATED OPERATING PROCEDURES AS REQUIRED BY 40 CFR SECTION 68.71(c); FAILED TO DOCUMENT EACH INSPECTION AND TEST PERFORMED ON THE DISTRIBUTION CENTER RMPROGRAM EQUIPMENT AS REQUIRED BY 40 CFR SECTION 68.73(d)(4); FAILED TO DEMONSTRATE THAT APPROPRIATE CHECKS AND INSEPCTIONS WERE PERFORMED TO ASSURE THAT THE DISTRUBTION CENTER RMPROGRAM EQUIPMENT WAS INSTALLED PROPERLY AND CONSISTENT WITH DESIGN SPECIFICIIATIONS AND THE MANUFACTURER'S INSTRUCTIONS AS REQUIRED BY 40 CFR SECTION 68.73(f)(2); FAILED TO DOCUMENT THAT IT HAD IMPLEMENTED APPROPRIATE RESPONSES TO EACH OF THE FINDINGS FROM STATIONARY SOURCE RMPROGRAM COMPLIANCE AUDITS AS REQUIRED BY 40 CFR SECTION 68.79(d); AND FAILED TO CORRECT THE RMPLAN EMERGENCY CONTACT INFORMATION FOR THE STATIONARY SOURCE WITHIN THIRTY DAYS OF A CHANGE AS REQUIRED BY 40 CFR SECTION 68.195(b).

Defendants (1)

• UNITED DAIRY FARMERS, INC.Named in complaintNamed in settlement

Facilities (1)

• UNITED DAIRY FARMERS DISTRIBUTION CENTER

  2825 CRESCENT SPRINGS PIKE, ERLANGER, KY, 41018

  Registry ID: 110072154390

Statutes cited

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

Enforcement conclusions (1)

• UNITED DAIRY FARMERS, INC.entered 2017-03-02

  Primary law: CAA

  Federal penalty: $49,000

Timeline (3 milestones)

• 2017-03-02Complaint Filed/Proposed Order
• 2017-03-02Final Order Issued
• 2017-03-14Enforcement Action Data Entered