EPA v. CLUB CHEF, LLC

Case summary

7/16/16 - CONSENT AGREEMENT ISSUED, ASSESSING A PENALTY OF $121,800. RESPONDENT SHALL MAKE PAYMENT WITHIN THIRTY DAYS. EPA ALLEGES THAT THE RESPONDENT VIOLATED THE CODIFIED RULES OF 40 CFR PART 68, GOVERNING THE ACT'S CHEMICAL ACCIDENT PREVENTION PROVISIONS WHEN IT: FAILED TO COMPILE THE CORRECT MAXIMUM INTENDED INVENTORY PERTAINING TO THE TECHNOLOGY OF THE PROCESS AS REQUIRED BY 40 CFR SECTION 68.65(c)(1)(iii); FAILED TO DOCUMENT THAT THE AMMONIA PROCESS COMPLIES WITH RECOGNIZED AND GENERALLY ACCEPTED GOOD ENGINEERING PRACTICES AS REQUIRED BY 40 CFR SECTION 68.65(d)(2); FAILED TO ESTABLISHED A SYSTEM TO PROMPTLY ADDRESS PROCESS HAZARD ANALYSIS FINDINGS AND RECOMMENDATIONS AS REQUIRED BY 40 CFR SECTION 68.67(e); FAILED TO DEVELOP AND IMPLEMENT WRITTEN OPERATING PROCEDURES AS REQUIRED BY 40 CFR SECTION 68.69(a); FAILED TO DOCUMENT THE MEANS USED TO VERIFY THAT EACH EMPLOYEE INVOLVED IN OPERATING THE COVERED PROCESS UNDERSTOOD THE ANNUAL AMMONIA REFRIGERATION SYSTEM TRAINING AS REQUIRED BY 40 CFR SECTION 68.71(c); FAILED TO DOCUMENT EACH INSPECTION AND TEST THAT HAD BEEN PERFORMED ON PROCESS EQUIPMENT AS REQUIRED BY 40 CFR SECTION 68.73(d)(4); FAILED TO CORRECT DEFICIENCIES IN EQUIPMENT THAT WERE DETERMINED TO BE OUTSIDE OF ACCEPATABLE LIMITS AS REQUIRED BY 40 CFR SECTION 68.73(e); FAILED TO IMPLEMENT WRITTEN PROCEDURES TO MANAGE CHANGES TO PROCESS EQUIPMENT AS REQUIRED BY 40 CFR SECTION 68.75(a); FAILED TO PERFORM A PRE-STARTUP SAFETY REVIEW AFTER SIGNIFICANTLY MODIFYING ITS STATIONARY SOURCE AS REQUIRED BY 40 CFR SECTION 68.77(b); FAILED TO DOCUMENT THAT COMPLIANCE AUDIT DEFICIENCIES WERE CORRECTED AS REQUIRED BY 40 CFR SECTION 68.79(d); FAILED TO PERIODICALLY EVALUATE THE PERFORMANCE OF ITS CONTRACTORS IN FULFILLING THEIR OBLIGATIONS AS REQUIRED BY 40 CFR SECTION 68.87(b)(5); FAILED TO INCLUDE IN ITS SINGLE-REGISTRATION FORM, THE MAXIMUM QUANTITY OF EACH EGULATED SUBSTANCE IN THE PROCESS AS REQUIRED BY 40 CFR SECTION 68.160(b)(7); AND FAILED TO SUBMIT CORRECTED EMERGENCY CONTACT INFORMATION WITHIN 30 DAYS OF A CHANGE AS REQUIRED BY 40 CFR SECTION 68.195(b). FAILED TO CERTIFY ANNUALLY THAT THE OPERATING THE COVERED PROCEDURES HAD BEEN REVIEWED, AND THAT SUCH OPERATING PROCEDURES WERE CURRENT AND ACCURATE AS REQUIRED BY 40 CFR SECTION 68.69(c);

Defendants (1)

• CLUB CHEF, LLCNamed in complaintNamed in settlement

Facilities (2)

• CLUB CHEF

  3776 LAKE PARK DR, COVINGTON, KY, 41017

  Registry ID: 110023012265

• CLUB CHEF

  3776 LAKE PARK DR, COVINGTON, KY, 41017

  Registry ID: 110023012265

Statutes cited

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

Enforcement conclusions (1)

• CLUB CHEF, LLCentered 2016-07-16

  Primary law: CAA

  Federal penalty: $121,800

Timeline (4 milestones)

• 2016-07-16Final Order Issued
• 2016-07-16Complaint Filed/Proposed Order
• 2016-08-02Enforcement Action Data Entered
• 2016-08-11Enforcement Action Closed