EPA v. SYSCO CHARLOTTE, LLC

Case summary

1/23/2018 - EXPEDITED SETTLEMENT AGREEMENT ISSUED, ASSESSING A PENALTY OF $6100. RESPONDENT SHALL MAKE PAYMENT WITHIN FIFTEEN DAYS. BASED ON A COMPLIANCE MONITORING INSPECTION CONDUCTED AT RESPONDENT'S FACILITY ON APRIL 26, 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 ANALYZED AND REPORTED IN THE RISK MANAGEMENT PLAN THE WORST-CASE-RELEASE QUANTITY FOR THE GREATEST AMOUNT HELD IN A SINGLE VESSEL, TAKING INTO ACCOUNT ADMINISTRATIVE CONTROLS THAT LIMIT THE MAXIMUM QUANTITY AS REQUIRED BY 40 CFR SECTION 68.25(b)(1); IT DOCUMENTED THAT EQUIPMENT COMPLIED WITH RECOGNIZED AND GENERALLY ACCEPTED GOOD ENGINEERING PRACTICES AS REQUIRED BY 40 CFR SECTION 68.65(d)(2); IT TRAINED EACH EMPLOYEE INVOLVED IN MAINTAINING THE ON-GOING INTEGRITY OF PROCESS EQUIPMENT IN AN OVERVIEW OF THAT PROCESS AND ITS HAZARDS AND IN THE PROCEDURES APPLICABLE TO THE EMPLOYEE'S JOB TASKS TO ASSURE THAT THE EMPLOYEE CAN PERFORM THE JOB TASKS IN A SAFE MANNER AS REQUIRED BY 40 CFR SECTION 68.73(c); 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); IT UPDATED ITS PROCESS SAFETY INFORMATION REQUIRED BY 40 CFR SECTION 68.65(d); IT SUBMITTED A CORRECTION WITHIN ONE MONTH OF ANY CHANGE IN THE EMERGENCY CONTACT INFORMATION REQUIRED UNDER 40 CFR SECTION 68.160(b)(6) AS REQUIRED BY 40 CFR SECTION 68.195(b).

Defendants (1)

• SYSCO CHARLOTTE, LLCNamed in complaintNamed in settlement

Facilities (1)

• SYSCO CHARLOTTE, LLC

  4500 CORPORATE DRIVE, NW, CONCORD, NC, 28027

  Registry ID: 110041624025

Statutes cited

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

Enforcement conclusions (1)

• SYSCO CHARLOTTE, LLCentered 2018-01-23

  Primary law: CAA

  Federal penalty: $6,100

Timeline (4 milestones)

• 2018-01-23Complaint Filed/Proposed Order
• 2018-01-23Final Order Issued
• 2018-02-02Enforcement Action Data Entered
• 2018-02-20Enforcement Action Closed