EPA v. THE EGGO COMPANY

Case summary

4/6/17 - CONSENT AGREEMENT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $133,000. RESPONDENT SHALL MAKE PAYMENT WITHIN THIRTY DAYS. ORDER ALLEGES: EPA ALLEGES THAT THE RESPONDENT VIOLATED THE CODIFIED RULES OF 40 CFR PART 68, GOVERNING THE ACT'S CHEMICAL ACCIDENT PREVENTION PROVISION WHEN IT FAILED: A. DOCUMENT THAT EQUIPMENT COMPLIES WITH REOCOGNIZED AND GENERALLY ACCEPTED GOOD ENGINERRING PRACTICES, AS REQUIRED BY 40 CFR SECTION 68.65(d)(2); B. PROVIDE REFRESHER TRAING AT LEAST EVERY THREE YEARS, OR MORE OFTEN IF NECESSARY, TO EACH EMPLOYEE INVOLVED IN OEPRATING THE AMMONIA REFRIGERATION RMPROGRAM LEVEL 3 PROCESS TO ASSURE THAT EMPLOYEES UNDERSTAND AND ADHERE TO THE CURRENT OPERATING PROCEDURES OF THE PROCESS, AS REQUIRED BY 40 CFR SECTION 68.71(b); C. PERFORM A PRE-STARTUP SAFETY REVIEW PRIOR TO THE INTRODUCTION OF A REGULATED SUBSTANCE INTO A PROCESS, IF A NEW STATIONARY SOURCE IS INSTALLED OR AN EXISTING SOURCE IS SIGNIFICANTLY MODIFIED, AS REQUIRED BY 40 CFR SECTION 68.77(a); D. PROMPTLY DETERMINE AND DOCUMENT AN APPROPRIATE RESPONSE TO EACH OFTHE FINDINGS OF THE COMPLIANCE AUDIT AND DOCUMENT THAT DEFICIENCIES HAVE BEEN CORRECTED, AS REQUIRED BY 40 CFR SECTION 68.79(d); E. REVIEW INCIDENT INVESTIGATION REPORTS WITH ALL AFFECTED PERSONNEL WHOSE JOB TASKS ARE RELEVANT TO THE INCIDENT FINDINGS, INCLUDING CONTRACT EMPLOYEES WHERE APPLICABLE, AS REQUIRED BY 40 CFR SECTION 68.81(f); F. PROVIDE EMPLOYEES ACCESS TO PROCESS HAZARDS ANALYSES AND TO ALL OTHER INFORMATION REQUIRED TO BE DEVELOPED UNDER THE CHEMCIAL ACCIDENT PREVENTION RULSE, AS REQUIRED BY 40 CFR SECTION 68.83(c); G. DEVELOP AND IMPLEMENT SAFE WORK PRACTICES CONSISTENT WITH 40 CFR SECTION 68.69(d); TO CONTROL THE ENTRANCE, PRESENCE, AND EXIT OF THE CONTRACT OWNER OR OERATOR AND CONTRACT EMPLOYEES INTHE COVERED PROCESS AREA, AS REQUIRED BY 40 CFR SECTION 68.87(b)(4); AND H. PERIODICALLY EVALUATE THE PERFORMANCE OF CONTRACT OWNERS OR OPERATORS IN FULFILLING THEIR OBLIGATIONS, AS REQUIED BY 40 CFR SECTION 68.87(b)(5).

Defendants (1)

• THE EGGO COMPANYNamed in complaintNamed in settlement

Facilities (4)

• THE EGGO COMPANY

  585 MORRISON ROAD, ROSSVILLE, TN, 38066

  Registry ID: 110070281957

• THE EGGO COMPANY

  585 MORRISON ROAD, ROSSVILLE, TN, 38066

  Registry ID: 110070281957

• THE EGGO COMPANY

  585 MORRISON ROAD, ROSSVILLE, TN, 38066

  Registry ID: 110070281957

• THE EGGO COMPANY

  585 MORRISON ROAD, ROSSVILLE, TN, 38066

  Registry ID: 110070281957

Statutes cited

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

Enforcement conclusions (1)

• THE EGGO COMPANYentered 2017-04-06

  Primary law: CAA

  Federal penalty: $133,000

Timeline (4 milestones)

• 2017-04-06Final Order Issued
• 2017-04-06Complaint Filed/Proposed Order
• 2017-04-19Enforcement Action Data Entered
• 2017-05-02Enforcement Action Closed