EPA v. AB MAURI FOOD INC. DBA FLEISCHMANN'S YEAST

Case summary

5/28/20 - EXPEDITED SETTLEMENT AGREEMENT ISSUED, ASSESSING A PENALTY OF $6,000. RESPONDENT SHALL MAKE PAYMENT WITHIN FIFTEEN DAYS. ALLEGED VIOLATIONS - BASED ON A COMPLIANCE MONITORING INSPECTION CONDUCTED AT THE RESPONDENT'S FACILITY LOCATED ON JUNE 27, 2019, THE EPA ALLEGES THAT THE RESPONDENT VIOLATED THE ACT'S SECTION 112(r)(7) CHEMICAL ACCIDENT PREVENTION PROVISIONS 42 U.S.C. SECTION 7412(r)(7), WHEN AT THE TIME 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. SECTION 68.65(d)(2) WHEN THERE WAS NO NATIONAL FIRE PROTECTION ASSOCIATION PLACARD INDICATING THE DEGREE OF HAZARD, FLAMMABILITY, AND REACTIVITY ON THE DOORS ENTERING THE AMMONIA PROCESS WAREHOUSE. IT ESTABLISHED A SYSTEM TO PROMPTLY ADDRESS THE PROCESS HAZARD ANALYSIS TEAM'S FINDINGS AND RECOMMENDATIONS; 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; AND DEVELOP A WRITTEN SCHEDULE OF WHEN THESE ACTIONS ARE TO BE COMPLETED AS REQUIRED BY 40 C.F.F. SECTION 68.67(e), WHEN THERE WAS NOT A SYSTEM TO ASSIGN ACTION ITEMS TO STAFF, NO WRITTEN SCHEDULE OF WHEN THE ACTIONS ARE TO BE COMPLETED, NO DATE OF COMPLETION FOR EACH ITEM, AND NO DOCUMENTATION OF RESOLUTION: IT DEMONSTRATED THAT THE OPERATING PROCEDURES WERE REVIEWED AS OFTEN AS NECESSARY AND CERTIFIED ANNUALLY THAT THEY WERE CURRENT AND ACCURATE WHEN THE FACILITY COULD NOT PRODUCE THE RECORDS OF ANNUAL CERTIFICATIONS FOR THE YEAR THE YEAR 2015 AND 2017 AS REQUIRED BY 40 C.F.R. SECTION 68.69(c). IT PERFORMED A PRE-STARTUP SAFETY REVIEW FOR NEW STATIONARY SOURCES AND FOR MODIFIED STATIONARY SOURCES WHEN THE MODIFICATION WAS SIGNIFICANT ENOUGH TO REQUIRE A CHANGE IN THE PROCESS SAFETY INFORMATION WHEN IT INSTALLED A NEW AMMONIA ADDITIVES LINE ON AUGUST 2018 AS REQUIRED BY 40 CFR SECTION 68.77(a); AND IT ESTABLISHED AND IMPLEMENTED WRITTEN PROCEDURES TO MANAGE CHANGES AND INCLUDE AUTHORIZATION REQUIREMENTS FOR THE PROPOSED CHANGE WHEN MANAGEMENT OF CHANGE DOCUMENT DATED AUGUST 6, 2018 WAS MISSING THE AUTHORIZATION SIGNATURE FOR THE PLANT MANAGER AS REQUIRED BY 40 CFR SECTION 68.75(a) AND (b)(5).

Defendants (1)

• AB MAURI FOOD INC. DBA FLEISCHMANN'S YEASTNamed in complaintNamed in settlement

Facilities (2)

• FLEISCHMANN'S YEAST

  2743 RIVERPORT ROAD, MEMPHIS, TN, 38109

  Registry ID: 110000374041

• FLEISCHMANN'S YEAST

  2743 RIVERPORT ROAD, MEMPHIS, TN, 38109

  Registry ID: 110000374041

Statutes cited

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

Enforcement conclusions (1)

• AB MAURI FOOD INC. DBA FLEISCHMANN'S YEASTentered 2020-05-28

  Primary law: CAA

  Federal penalty: $6,000

Timeline (4 milestones)

• 2020-05-28Final Order Issued
• 2020-05-28Complaint Filed/Proposed Order
• 2020-06-10Enforcement Action Data Entered
• 2020-06-18Enforcement Action Closed