EPA v. MIZKAN AMERICA, INC.

Case summary

3/16/17 - CONSENT AGREEMENT ISSUED, ASSESSING A PENALTY OF $43,184. RESPONDENT SHALL MAKE PAYMENT WITHIN THIRTY DAYS. ORDER ALLEGES: BASED ON EPA'S COMPLIANCE MONITORING INVESTIGATION, THE EPA ALLEGES THAT THE RESPONDENT VIOLATED THE CODIFIED RULES GOVERNING THE ACT'S CHEMICL ACCIDENT PREVENTION PROVISIONS, BECAUSE RESPONDENT DID NOT ADEQUATELY IMPLEMENT PROVISIONS 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 AS REQUIRED BY 40 CFR SECTION 68.30(c); FAILED TO INCLUDE INFORMATION PERTAINING TO THE HAZARDS OF THE REGULATED SUBSTANCES IN THE PROCESS AS REQUIRED BY 40 CFR SECTION 68.45(b); FAILED TO COMPLETE A COMPILATION OF WRITTEN PROCESS SAFETY INFORMATION BEFORE CONDUCTING ANY PROCESS HAZARD ANALYSIS AS REQUIRED BY 40 CFR SECTION 68.65(a); FAILED TO DOCUMENT THAT EQUIPMENT COMPLIES WITH RECOGNIZED AND GENERALLY GOOD ACCEPTED ENGINEERING PRACTICES AS REQUIRED BY 40 CFR SECTION 68.65(d)(2); FAILED CERTIFY ANNUALLY THAT THE OPERATING PROCEDURES ARE CURRENT AND ACCURATE AS REQUIRED BY 40 CFR SECTION 68.69(c); AND FAILED TO DOCUMENT EACH INSPECTION AND TEST THAT HAS BEEN PERFORMED ON PROCESS EQUIPMENT AS REQUIED BY 40 CFR SECTION 68.73(d)(4).

Defendants (1)

• MIZKAN AMERICA, INC.Named in complaintNamed in settlement

Facilities (8)

• CONOPCO DBA UNILEVER BESTFOODS NORTH AMERICA

  1901 RAGU DRIVE, OWENSBORO, KY, 42303

  Registry ID: 110002108816

• CONOPCO DBA UNILEVER BESTFOODS NORTH AMERICA

  1901 RAGU DRIVE, OWENSBORO, KY, 42303

  Registry ID: 110002108816

• MIZKAN AMERICA INC

  1901 RAGU DR, OWENSBORO, KY, 42303

  Registry ID: 110002108816

• MIZKAN AMERICA INC

  1901 RAGU DR, OWENSBORO, KY, 42303

  Registry ID: 110002108816

• CONOPCO DBA UNILEVER BESTFOODS NORTH AMERICA

  1901 RAGU DRIVE, OWENSBORO, KY, 42303

  Registry ID: 110002108816

• CONOPCO DBA UNILEVER BESTFOODS NORTH AMERICA

  1901 RAGU DRIVE, OWENSBORO, KY, 42303

  Registry ID: 110002108816

• MIZKAN AMERICA INC

  1901 RAGU DR, OWENSBORO, KY, 42303

  Registry ID: 110002108816

• MIZKAN AMERICA INC

  1901 RAGU DR, OWENSBORO, KY, 42303

  Registry ID: 110002108816

Statutes cited

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

Enforcement conclusions (1)

• MIZKAN AMERICA, INC.entered 2017-03-16

  Primary law: CAA

  Federal penalty: $43,184

Timeline (4 milestones)

• 2017-03-16Final Order Issued
• 2017-03-16Complaint Filed/Proposed Order
• 2017-03-21Enforcement Action Data Entered
• 2017-04-04Enforcement Action Closed