EPA v. CONAGRA FOODS INC

Case summary

6/12/2020 - EXPEDITED SETTLEMENT AGREEMENT ISSUED ASSESSING A PENALTY OF $3300. PENALTY DUE WITHIN 15 DAYS. ALLEGED VIOLATIONS: Based on a compliance monitoring inspection conducted at the Respondent?s facility located at 1655 Old Columbia Road, Dickson, Tennessee, on December 17, 2019, the EPA alleges that the Respondent violated the Act?s Section 112(r)(7) Chemical Accident Prevention Provisions, 42 U.S.C. ? 7412(r)(7), when at the time of inspection, Respondent did not provide evidence that: It maintained the records of the data used to estimate the environmental receptors potentially affected in the offsite consequence analysis documentation as required by 40 C.F.R. ? 68.39(e) when the documentation did not include the data used to estimate the list of environmental receptors potentially affected within the estimated distance to the toxic endpoint of 1.2 miles mentioned in the worst case scenario documentation; The facility?s equipment complies with recognized and generally accepted good engineering practices, as required by 40 C.F.R. ? 68.65(d)(2), when one of the entrances to the ammonia machinery room did not have an audible/visual alarm outside the entry door, ammonia alarms on the exterior of the building (ammonia machinery room) were not labeled, presence of an unsupported and unprotected ammonia piping below the high pressure receiver was identified, and a nonfunctioning eyewash and shower station located outside the ammonia machinery room was identified; and It established a system to promptly address the Process Hazard Analysis (PHA) 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.R. ? 68.67(e), when the 2016 PHA recommendations/action items tracker did not include the resolution, only the date the recommendation was addressed or corrected.

Defendants (1)

• CONAGRA FOODS INCNamed in complaintNamed in settlement

Facilities (2)

• ODOM'S TENNESSEE PRIDE

  1655 OLD COLUMBIA ROAD, DICKSON, TN, 37055

  Registry ID: 110024598933

• ODOM'S TENNESSEE PRIDE

  1655 OLD COLUMBIA ROAD, DICKSON, TN, 37055

  Registry ID: 110024598933

Statutes cited

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

Enforcement conclusions (1)

• CONAGRA FOODS INCentered 2020-06-12

  Primary law: CAA

  Federal penalty: $3,300

Timeline (4 milestones)

• 2020-06-12Complaint Filed/Proposed Order
• 2020-06-12Final Order Issued
• 2020-06-22Enforcement Action Data Entered
• 2020-07-30Enforcement Action Closed