EPA v. EMMAUS FOODS, LLC

Case summary

9/23/2020 - CONSENT AGREEMENT AND FINAL ORDER ISSUED ASSESSING A PENALTY OF $84,924.00. PENALTY DUE . ALLEGED VIOLATIONS: BASED ON THE EPA?S COMPLIANCE MONITORING INVESTIGATION, 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. ? 7412(R), WHEN IT: A. FAILED TO MAINTAIN RECORDS ON THE WORST-CASE SCENARIO PORTION OF THE OFFSITE CONSEQUENCE ANALYSES, INCLUDING A DESCRIPTION OF THE VESSEL OR PIPELINE AND SUBSTANCE SELECTED AS WORST CASE, ASSUMPTIONS AND PARAMETERS USED, AND THE RATIONALE FOR THE SELECTION OF SPECIFIC SCENARIOS AS REQUIRED BY 40 C.F.R. ? 68.39(A); B. FAILED TO MAINTAIN RECORDS ON THE ALTERNATIVE CASE SCENARIO PORTION OF THE OFFSITE CONSEQUENCE ANALYSES, INCLUDING A DESCRIPTION OF THE VESSEL OR PIPELINE AND SUBSTANCE SELECTED AS ALTERNATIVE CASE, ASSUMPTIONS AND PARAMETERS USED, AND THE RATIONALE FOR THE SELECTION OF SPECIFIC SCENARIOS AS REQUIRED BY 40 C.F.R. ? 68.39(B); C. FAILED TO DOCUMENT THAT EQUIPMENT COMPLIED WITH RECOGNIZED AND GENERALLY ACCEPTED GOOD ENGINEERING PRACTICES, AS REQUIRED BY 40 C.F.R. ? 68.65(D)(2); D. FAILED TO ESTABLISH A SYSTEM TO: PROMPTLY ADDRESS THE TEAM?S FINDINGS AND RECOMMENDATIONS (OF THE PHA); 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; DEVELOP A WRITTEN SCHEDULE OF WHEN THESE ACTIONS ARE TO BE COMPLETED; AND COMMUNICATE THE ACTIONS TO OPERATING, MAINTENANCE AND OTHER EMPLOYEES WHOSE WORK ASSIGNMENTS ARE IN THE PROCESS AND WHO MAY BE AFFECTED BY THE RECOMMENDATIONS OR ACTIONS, AS REQUIRED BY 40 C.F.R. ? 68.67(E); AND E. FAILED TO SUBMIT A SINGLE RMP IN A TIMELY MANNER THAT INCLUDES THE INFORMATION REQUIRED BY ?? 68.155 THROUGH 68.185 FOR ALL COVERED PROCESSES, THE DATE ON WHICH A REGULATED SUBSTANCE IS FIRST PRESENT ABOVE A THRESHOLD QUANTITY IN A PROCESS AS REQUIRED BY 40 C.F.R. ? 68.150(B)(3).

Defendants (1)

• EMMAUS FOODS, LLCNamed in complaintNamed in settlement

Facilities (1)

• EMMAUS FOODS, LLC

  661 RAILROAD AVE, ALBERTVILLE, AL, 35951

  Registry ID: 110064870340

Statutes cited

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

Enforcement conclusions (1)

• EMMAUS FOODS, LLCentered 2020-09-23

  Primary law: CAA

  Federal penalty: $84,924

Timeline (4 milestones)

• 2020-09-23Enforcement Action Data Entered
• 2020-09-23Final Order Issued
• 2020-09-23Complaint Filed/Proposed Order
• 2021-09-15Enforcement Action Closed