EPA v. GORDON FOOD SERVICE, INC.

Case summary

3/1/18 - EXPEDITED SETTLEMENT AGREEMENT ISSUED, ASSESSING A PENALTY OF $1980. RESPONDENT SHALL MAKE PAYMENT WITHIN FIFTEEN DAYS. ALLEGED VIOLATIONS: BASED ON A COMPLIANCE MONITORING INSPECTION CONDUCTED AT THE RESPONDENT'S FACILITY ON APRIL 25, 2017. THE EPA ALLEGES THAT THE RESPONDENT VIOLATED THE ACT'S CHEMICAL ACCIDENT PREVENTION PROGRAM, WHEN AT THE TIME OF INSPECTION, RESPONDENT DID NOT PROVIDE EVIDENCE THAT: IT DEVELOPED AND IMPLEMENTED WRITTEN OPERATING PROCEDURES THAT ADDRESS EMERGENCY SHUTDOWN INCLUDING CONDITIONS UNDER WHICH AN EMERGENCY SHUTDOWN IS REQUIRED, AND THE ASSIGNMENT OF SHUTDOWN RESPONSIBILITY TO QUALIFIED OPERATORS TO ENSURE THAT EMERGENCY SHUTDOWN IS EXECUTED IN A SAFE AND TIMELY MANNER AS REQUIRED BY 40 CFR SECTION 68.65(d)(1)(iv); IT ESTABLISHED AND IMPLEMENTED WRITTEN PROCEDURES TO MANAGE CHANGES ( EXCEPT FOR REPLACEMENTS IN KIND ) TO PROCESS CHEMICALS, TECHNOLOGY, EQUIPMENT, AND PROCEDURES; AND CHANGES TO STATIONARY SOURCES THAT AFFECT A COVERED PROCESS AS REQUIRED BY 40 CFR SECTION 68.75(a); ITS PRE-STARTUP SAFETY REVIEW CONFIRMED THAT PRIOR TO THE INTRODUCTION OF REGULATED SUBSTANCES TO A PROCESS, SAFETY, OPERATING, MAINTENANCE, AND EMERGENCY PROCEDURES ARE IN PLACE AND ARE ADEQUATE AS REQUIRED BY 40 CFR 68.77(b)(2); AND; ITS PRE-STARTUP SAFETY REVIEW CONFIRMED THAT PRIOR TO THE INTRODUCTION OF REGULATED SUBSTANCES TO A PROCESS TRAINING OF EACH EMPLOYEE INVOLVED IN OPERATING A PROCESS HAS BEEN COMPLETED AS REQUIRED BY 40 CFR SECTION 68.67(b)(4);

Defendants (1)

• GORDON FOOD SERVICE, INC.Named in complaintNamed in settlement

Facilities (1)

• GORDON FOOD SERVICE KANNAPOLIS

  6363 GLEN AFTON BLVD, KANNAPOLIS, NC, 28082

  Registry ID: 110066943570

Statutes cited

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

Enforcement conclusions (1)

• GORDON FOOD SERVICE, INC.entered 2018-03-01

  Primary law: CAA

  Federal penalty: $1,980

Timeline (4 milestones)

• 2018-03-01Complaint Filed/Proposed Order
• 2018-03-01Final Order Issued
• 2018-03-06Enforcement Action Data Entered
• 2018-07-12Enforcement Action Closed