EPA v. LINEAGE LOGISTICS, LLC

Case summary

4/25/19 - EXPEDITED SETTLEMENT AGREEMENT ISSUED, ASSESSING A PENALTY OF $4,500. ALLEGATIONS: BASED ON A COMPLIANCE MONITORING INSPECTION CONDUCTED AT RESPONDENT'S FACILITY ON DEC 13, 2018, EPA ALLEGES THAT THE RESPONDENT VIOLATED THE CAA'S CHEMICAL ACCIDENT PREVENTION PROVISIONS, WHEN AT THE TIME OF INSPECTION, RESPONDENT DID NOT PROVIDE EVIDENCE THAT: - IT MAINTAINED RECORDS ON THE WORST-CASE SCENARIO PORTION OF THE OFFSITE CONSEQUENT ANALYSES, INCLUDING ASSUMPTIONS AND PARAMETERS USED, AND THE RATIONALE FOR THE SELECTION OF THE SPECIFIC WORST-CASE SCENARIO, AS REQUIRED BY 40 CFR 68.39(a). - IT MAINTAINED RECORDS ON THE ALTERNATIVE RELEASE SCENARIO PORTION OF THE OFFSITE CONSEQUENCE ANALYSES, INCLUDING ASSUMPTIONS AND PARAMETERS USED, AND THE RATIONALE FOR THE SELECTION OF THE SPECIFIC ALTERNATIVE RELEASE SCENARIO, AS REQUIRED BY 40 CFR 68.39(b). - IT DEMONSTRATED THAT EQUIPMENT COMPLIES WITH RECOGNIZED AND GENERALLY ACCEPTED GOOD ENGINEERING PRACTICES, AS REQUIRED BY 40 CFR 68.65(d)(2), WHEN AMMONIA PIPING AND VALVES LOCATED ON THE ROOF DID NOT HAVE LABELS AND TAGS INDICATING THE CONTENTS OR DIRECTION OF FLOW. - IT DEMONSTRATED FOR EXISTING EQUIPMENT DESIGNED AND CONSTRUCTED IN ACCORDANCE WITH CODES, STNADARDS, OR PRACTICES THAT ARE NO LONGER IN GENERAL USE, THAT THE OWNER OR OPERATOR DETERMINED AND DOCUMENTED THAT THE EQUIPMENT IS DESIGNED, MAINTAINED, INSPECTED, TESTED, AND OPERATING IN A SAFE MANNER, AS REQUIRED BY 40 CFR 68.65(d)(3), WHEN DURING THE INSPECTION, THE EPA INSPECTOR OBSERVED ELECTRIC PANELS IN THE AMMONIA ROOM LEFT OPEN, AND - IT PROMPTLY DETERMINED AND DOCUMENTED AN APPROPRIATE RESPONSE TO EACH OF THE FINDINGS OF COMPLIANCE AUDIT AND DOCUMENTED THAT DEFICIENCIES HAD BEEN CORRECTED, AS REQUIRED BY 40 CFR 68.79(d), WHEN THE INSPECTOR OBSERVED THAT COMPANY RECORDS SHOWED RESPONSES TO THREE RECOMMENDATIONS/ACTION ITEMS WERE PARTIALLY COMPLETED, AND DEFICIENCIES WERE NOT CORRECTED WITHIN THE TIMEFRAME ESTABLISHED BY THE COMPANY.

Defendants (1)

• LINEAGE LOGISTICS, LLCNamed in complaintNamed in settlement

Facilities (1)

• MILLARD REFRIGERATED SERVICES

  209 INDUSTRIAL BOULEVARD, ATTALLA, AL, 35954-3363

  Registry ID: 110000521481

Statutes cited

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

Enforcement conclusions (1)

• LINEAGE LOGISTICS, LLCentered 2019-04-25

  Primary law: CAA

  Federal penalty: $4,500

Timeline (4 milestones)

• 2019-04-25Final Order Issued
• 2019-04-25Complaint Filed/Proposed Order
• 2019-05-03Enforcement Action Closed
• 2019-05-09Enforcement Action Data Entered