EPA v. CUSTOM FOODS OF AMERICA INCORPORATED

Case summary

5/8/2018 - CONSENT AGREEMENT ISSUED, ASSESSING A PENALTY OF $33,108. RESPONDENT SHALL MAKE PAYMENT WITHIN THIRTY DAYS. ORDER ALLEGES: BASED ON THE EPA'S COMPLIANCE MONITORING INVESTIGATION, THE EPA ALLEGES THAT THE RESPONDENT VIOLATED THE CODIFIED RULES GOVERNING THE ACT'S CHEMICAL ACCIDENT PREVENTION PROVISIONS, BECAUSE RESPONDENT DID NOT ADEQUATELY IMPLEMENT PROVISIONS OF 40 CFR PART 68 WHEN IT: FAILED TO DOCUMENT THAT EQUIPMENT COMPLIES WITH RECOGNIZED AND GENERALLY ACCEPTED GOOD ENGINEERING PRACTICES AS REQUIRED BY 40 CFR SECTION 68.65(d)(2); FAILED TO ESTABLISH A SYSTEM TO PROMPTLY ADDRESS THE TEAM'S FINDINGS AND RECOMMENDATIONS (OF THE PHA); ASSURE THAT THE RECOMMENDATIONS ARE RESOLVED IN A TIMELY MANNER AND THAT THE RESOLUTION IS DOCUMENTED; DOCUMENT WHAT ACTIONS ARE TO BE TAKEN; COMPLETE ACTIONS AS SOON AS POSSIBLE; DEVELOP A WRITTEN SCHEDULE OF WHEN THESE ACTIONS ARE TO BE COMPLETED; COMMUNICATE THE ACTIONS TO OPERATING, MAINTENANCE AND OTHER EMPLOYEES WHOSE WORK ASSIGNMENTS ARE IN THE PROCESS AND WHO MAY BE AFFECTED BY THE RECOMMENDATIONS OR ACTIONS AS REQUIRED 40 CFR SECTION 68.67(e); AND FAILED TO PROMPTLY DETERMINE AND DOCUMENT AN APPROPRIATE RESPONSE TO EACH OF THE FINDINGS OF THE COMPLIANCE AUDIT, AND DOCUMENT THAT DEFICIENCIES HAVE BEEN CORRECTED AS REQUIRED BY 40 CFR SECTION 68.79(d).

Defendants (1)

• CUSTOM FOODS OF AMERICA INCORPORATEDNamed in complaintNamed in settlement

Facilities (1)

• CUSTOM FOODS OF AMERICA

  3600 PLEASANT RIDGE RD., KNOXVILLE, TN, 37921

  Registry ID: 110022416928

Statutes cited

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

Enforcement conclusions (1)

• CUSTOM FOODS OF AMERICA INCORPORATEDentered 2018-05-08

  Primary law: CAA

  Federal penalty: $33,108

Timeline (4 milestones)

• 2018-05-08Final Order Issued
• 2018-05-08Complaint Filed/Proposed Order
• 2018-05-14Enforcement Action Data Entered
• 2018-05-31Enforcement Action Closed