EPA v. PECO FOODS, INC.

Case summary

2/25/20 - CONSENT AGREEMENT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $106,250. RESPONDENT SHALL MAKE PAYMENT WITHIN THIRTY DAYS. RESPONDENT ALSO AGREES TO COMPLETE A SEP. ALLEGED VIOLATIONS: BASED ON EPA'S COMPLIANCE MONITORING INVESTIGATION AT THE BROOKSVILLE FACILITY, THE EPA ALLEGES THAT THE RESPONDENT VIOLATED 42 U.S.C. SECTION 7412(r)(1), THE CAA GENERAL DUTY CLAUSE BY FAILING TO IDENTIFY HAZARDS ASSOCIATED WITH ITS AMMONIA REFRIGERATION SYSTEM AND BY FAILING TO DESIGN AND MAINTAIN A SAFE AMMONIA REFRIGERATION FACILTY. BASED ON EPA'S COMPLIANCE MONITORING INVESTIGATION AT THE BAY SPRINGS FACILITY, THE EPA ALLEGES THAT THE RESPONDENT VIOLATED 40 C.F.R. PART 68, THE CODIFIED RULES GOVERNING THE ACT'S CHEMICAL ACCIDENT PREVENTION PROVISIONS AND SECTION 112(r) OF THE ACT, 42 U.S.C. SECTION 7412(r). (a) FAILED TO MAINTAIN RECORDS PERTAINING TO THE WORST CASE SCENARIO FOR THE OFFSITE CONSEQUENCE ANALYSES, AS REQUIRED BY 40 C.F.R. SECTION 68.39(a); (b) FAILED TO MAINTAIN RECORDS PERTAINING TO ALTERNATIVE RELEASE SCENARIOS, AS REQUIRED BY 40 C.F.R. SECTION 68.39(b); (c) FAILED TO COMPILE WRITTEN PROCESS SAFETY INFORMATION DOCUMENTATION FOR THE TECHNOLOGY OF THE PROCESS WHICH SHALL INCLUDE THE MAXIMUM INTENDED INVENTORY, AS REQUIRED BY 40 C.F.R. SECTION 68.65(c)(1)(iii); (d) FAILED TO COMPILE WRITTEN PROCESS SAFETY INFORMATION DOCUMENTATION FOR THE EQUIPMENT OF THE PROCESS WHICH SHALL INCLUDE P&ID, AS REQUIRED BY 40 C.F.R. SECTION 68.65(C)(1)(iii); BASED ON EPA'S COMPLIANCE MONITORING INVESTIGATION AT THE CANTON FACILITY, THE EPA ALLEGES THAT THE RESPONDENT VIOLATED 40 C.F.R. PART 68, THE CODIFIED RULES GOVERNING THE ACT'S CHEMICAL ACCIDENT PREVENTION PROVISIONS AND SECTION 112(r) OF THE ACT, U.S.C. SECTION 7412(r), WHEN IT: a) FAILED TO MAINTAIN RECORDS PERTAINING TO THE WORST CASE SCENARIO FOR THE OFFSITE CONSEQUENCE ANALYSES, AS REQUIRED BY 40 C.F.R. SECTION 68.39(a); (b) FAILED TO MAINTAIN RECORDS PERTAINING TO ALTERNATIVE RELEASE SCENARIOS, AS REQUIRED BY 40 C.F.R. SECTION 68.39(b); (c) FAILED TO COMPILE WRITTEN PROCESS SAFETY INFORMATION DOCUMENTATION FOR THE TECHNOLOGY OF THE PROCESS WHICH SHALL INCLUDE THE MAXIMUM INTENDED INVENTORY, AS REQUIRED BY 40 C.F.R. SECTION 68.65(c)(1)(iii); BASED ON EPA'S COMPLIANCE MONITORING INVESTIGATION AT THE SEBASTOPOL FACILITY, THE EPA ALLEGES THAT THE RESPONDENT VIOLATED 40 C.F.R. PART 68, THE CODIFIED RULES GOVERNING THE ACT'S CHEMICAL ACCIDENT PREVENTION PROVISIONS AND SECTION 112(r) OF THE ACT, U.S.C. SECTION 7412(r), WHEN IT: a) FAILED TO MAINTAIN RECORDS PERTAINING TO THE WORST CASE SCENARIO FOR THE OFFSITE CONSEQUENCE ANALYSES, AS REQUIRED BY 40 C.F.R. SECTION 68.39(a); (b) FAILED TO MAINTAIN RECORDS PERTAINING TO ALTERNATIVE RELEASE SCENARIOS, AS REQUIRED BY 40 C.F.R. SECTION 68.39(b); (c) FAILED TO COMPILE WRITTEN PROCESS SAFETY INFORMATION DOCUMENTATION FOR THE TECHNOLOGY OF THE PROCESS WHICH SHALL INCLUDE THE MAXIMUM INTENDED INVENTORY, AS REQUIRED BY 40 C.F.R. SECTION 68.65(c)(1)(iii); (d) FAILED TO DOCUMENT THAT EQUIPMENT COMPLIES WITH RECOGNIZED AND GENERALLY ACCEPTED GOOD ENGINEERING PRACTICES, AS REQUIRED BY 40 C.F.R. SECTION 68.65(d)(2). BASED ON EPA'S COMPLIANCE MONITORING INVESTIGATION AT THE TUSCALOOSA FACILITY, THE EPA ALLEGES THAT THE RESPONDENT VIOLATED 40 C.F.R. PART 68, THE CODIFIED RULES GOVERNING THE ACT'S CHEMICAL ACCIDENT PREVENTION PROVISIONS AND SECTION 112(r) OF THE ACT, U.S.C. SECTION 7412(r), WHEN IT: (a) FAILED TO COMPILE WRITTEN PROCESS SAFETY INFORMATION DOCUMENTATION FOR THE TECHNOLOGY OF THE PROCESS WHICH SHALL INCLUDE THE MAXIMUM INTENDED INVENTORY INFORMATION, AS REQUIRED BY 40 C.F.R. SECTION 68.65(c)(1)(iii);

Defendants (1)

• PECO FOODS, INC.Named in complaintNamed in settlement

Facilities (5)

• PECO FOODS INC

  3701 KAULOOSA AVE., TUSCALOOSA, AL, 35401

  Registry ID: 110000523960

• PECO FOODS, INC.

  1039 W. FULTON ST., CANTON, MS, 39046

  Registry ID: 110000376290

• PECO FOODS, INC.

  HIGHWAY 21 SOUTH, SEBASTOPOL, MS, 39359

  Registry ID: 110007649884

• PECO FOODS INC

  95 COMMERCE DRIVE, BAY SPRINGS, MS, 39422-5143

  Registry ID: 110000564247

• PECO FOODS OF BROOKSVILLE, INC

  559 WEST MAIN, BROOKSVILLE, MS, 39739

  Registry ID: 110058116881

Statutes cited

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

Enforcement conclusions (1)

• PECO FOODS, INC.entered 2020-02-25

  Primary law: CAA

  Federal penalty: $106,250 · SEP: $398,438

Timeline (4 milestones)

• 2020-02-25Final Order Issued
• 2020-02-25Complaint Filed/Proposed Order
• 2020-03-04Enforcement Action Data Entered
• 2020-05-07Enforcement Action Closed