EPA v. GOLDEN STATE FOODS

Case summary

8/19/2020- EXPEDITED SETTLEMENT AGREEMENT ISSUED ASSESSING A PENALTY OF $3,300. PENALTY DUE WITHIN 15 DAYS. ALLEGED VIOLATIONS: BASED ON A COMPLIANCE MONITORING INSPECTION CONDUCTED AT THE RESPONDENT?S FACILITY LOCATED AT 4801 NORTHPARK DRIVE, OPELIKA, ALABAMA ON MARCH 26, 2019, THE EPA ALLEGES THAT THE RESPONDENT VIOLATED THE ACT?S CHEMICAL ACCIDENT PREVENTION PROVISIONS, WHEN AT THE TIME OF INSPECTION, RESPONDENT DID NOT PROVIDE EVIDENCE THAT: IT DOCUMENTED THAT EQUIPMENT COMPLIES WITH RECOGNIZED AND GENERALLY ACCEPTED GOOD ENGINEERING PRACTICES AS REQUIRED BY 40 C.F.R. ? 68.65(D)(2) WHEN THE KING VALVE ON THE HIGH-PRESSURE RECEIVER WAS NOT LABELED; THE DOORS TO THE CONTROL ROOM AND THE MAINTENANCE ROOM FROM THE MACHINERY ROOM WERE NOT TIGHT FITTING; ONLY ONE EXIT DOOR IN THE MACHINERY ROOM WAS EQUIPPED WITH PANIC TYPE HARDWARE; CARDBOARD, WOOD PALLETS, AND OTHER COMBUSTIBLE MATERIALS WERE FOUND IN THE MACHINERY ROOM; IT ADDRESSED A QUALITATIVE EVALUATION OF A RANGE OF THE POSSIBLE SAFETY AND HEALTH EFFECTS OF FAILURE CONTROLS IN THE PROCESS HAZARD ANALYSIS (PHA) AS REQUIRED BY 40 C.F.R. ? 68.67(C)(7) WHEN ITEM 5.16 OF THE PHA IDENTIFIED LIQUID HAMMER OR SLUGGING IN AMMONIA COIL RESULTING IN ?THREAT OF DEATH.? THIS ITEM WAS ASSIGNED A RISK-RANKING OF ?1.? PER PHA POLICY, LEVEL 1 IS RESTRICTED TO LOCAL VICINITY WITH POTENTIAL INJURIES REQUIRING NO MORE THAN FIRST AID. IN ADDITION, ITEM 18.6 OF THE PHA IDENTIFIES INADEQUATE COMMUNICATION DURING AN EMERGENCY WITH THE CONSEQUENCE OF THREAT OF DEATH. THIS ITEM WAS ASSIGNED A RISKRANKING OF ?2.? RISK-RANKING LEVELS 3 AND 4 ARE RESERVED FOR POSSIBLE DEATH; AND IT DEVELOPED AND IMPLEMENTED WRITTEN OPERATING PROCEDURES THAT PROVIDE CLEAR INSTRUCTIONS FOR SAFELY CONDUCTING ACTIVITIES INVOLVED IN EACH COVERED PROCESS CONSISTENT WITH THE PROCESS SAFETY INFORMATION AND ADDRESSED EMERGENCY OPERATIONS AS REQUIRED BY 40 C.F.R. ? 68.69(A)(1)(V) WHEN EMERGENCY SHUTDOWN PROCEDURES DID NOT DISCUSS STEPS FOR FACILITY NOTIFICATION IN NON-ALARMED AREAS.

Defendants (1)

• GOLDEN STATE FOODSNamed in complaintNamed in settlement

Facilities (1)

• GOLDEN STATE FOODS

  4801 NORTHPARK DR, OPELIKA, AL, 36801

  Registry ID: 110070126331

Statutes cited

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

Enforcement conclusions (1)

• GOLDEN STATE FOODSentered 2020-08-19

  Primary law: CAA

  Federal penalty: $3,300

Timeline (4 milestones)

• 2020-08-19Final Order Issued
• 2020-08-19Complaint Filed/Proposed Order
• 2020-08-27Enforcement Action Closed
• 2020-09-01Enforcement Action Data Entered