EPA v. SOUTHERN STATES COOPERATIVE, INC D/B/A SOUTHERN STATES CALHOUN AGRONOMY PLANT

Case summary

2/23/2021 - 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 1432 KY 136 EAST, CALHOUN, KENTUCKY, ON AUGUST 14, 2019, 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 CERTIFIED THAT EACH EMPLOYEE PRESENTLY OPERATING A PROCESS, AND EACH EMPLOYEE NEWLY ASSIGNED TO A COVERED PROCESS HAD BEEN TRAINED OR TESTED COMPETENT IN THE OPERATING PROCEDURES PROVIDED IN ? 68.52 THAT PERTAIN TO THEIR DUTIES AS REQUIRED BY 40 C.F.R. ? 68.54(A); IT PREPARED AND IMPLEMENTED PROCEDURES TO MAINTAIN THE ON-GOING MECHANICAL INTEGRITY OF THE PROCESS EQUIPMENT AS REQUIRED BY 40 C.F.R. ? 68.56(A); IT PERFORMED INSPECTIONS AND TESTS ON PROCESS EQUIPMENT AND THE INSPECTIONS AND TESTING PROCEDURES FOLLOWED RECOGNIZED AND GENERALLY ACCEPTED GOOD ENGINEERING PRACTICES AS REQUIRED BY 40 C.F.R. ? 68.56(D).

Defendants (2)

• SOUTHERN STATES CALHOUN AGRONOMY PLANTNamed in complaintNamed in settlement
• SOUTHERN STATES COOPERATIVE, INC D/B/ANamed in complaintNamed in settlement

Facilities (1)

• SOUTHERN STATES COOPERATIVE- CALHOUN, KY (78192)

  1432 HIGHWAY 136 EAST, CALHOUN, KY, 42327

  Registry ID: 110000715986

Statutes cited

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

Enforcement conclusions (1)

• SOUTHERN STATES COOPERATIVE, INC D/B/A SOUTHERN STATES CALHOUN AGRONOMY PLANTentered 2021-02-23

  Primary law: CAA

  Federal penalty: $3,300

Timeline (3 milestones)

• 2021-02-23Final Order Issued
• 2021-02-23Complaint Filed/Proposed Order
• 2021-03-02Enforcement Action Data Entered