EPA v. CHAIRMANS FOODS LLC

Case summary

6/10/2021 - CONSENT AGREEMENT AND FINAL ORDER ISSUED ASSESSING A PENALTY OF $88,640.00. PENALTY DUE WITHIN 30 DAYS. ALLEGED VIOLATIONS: BASED ON 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 ? 112(R) OF THE ACT, 42 U.S.C. ? 7412(R), WHEN IT: A. FAILED TO DOCUMENT THAT EQUIPMENT COMPLIES WITH RAGAGEP, AS REQUIRED BY 40 C.F.R. ? 68.65(D)(2); B. 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); C. FAILED TO RETAIN PROCESS HAZARDS ANALYSES AND UPDATES OR REVALIDATIONS FOR EACH PROCESS COVERED BY 40 C.F.R PART 68, AS WELL AS THE DOCUMENTED RESOLUTION OF RECOMMENDATIONS DESCRIBED IN 40 C.F.R. ? 68.67(E) FOR THE LIFE OF THE PROCESS AS REQUIRED BY 40 C.F.R. ? 68.67(G); D. FAILED TO PERFORM THE INSPECTIONS AND TESTS ON PROCESS EQUIPMENT AND INSPECTION AND FAILED TO SHOW TESTING PROCEDURES FOLLOWED RAGAGEP AS REQUIRED BY 40 C.F.R. ? 68.73(D)(1) AND (2); E. FAILED TO DEVELOP THE EMERGENCY RESPONSE PLAN PURSUANT TO 40 C.F.R. ? 68.95(A)(1) AND TO COORDINATE THE PLAN WITH THE LEPC SO IT CAN BE COORDINATED WITH THE COMMUNITY EMERGENCY RESPONSE PLAN DEVELOPED UNDER 42 U.S.C. ? 11003 AS REQUIRED BY 40 C.F.R. ? 68.95(C): F. FAILED TO SUBMIT A SINGLE RMP IN A TIMELY MANNER THAT INCLUDES THE INFORMATION REQUIRED BY 40 C.F.R.?? 68.155 THROUGH 68.185 FOR ALL COVERED PROCESSES, BEFORE THE DATE ON WHICH A REGULATED SUBSTANCE WAS FIRST PRESENT ABOVE A THRESHOLD QUANTITY IN A PROCESS, AS REQUIRED BY 40 C.F.R. ? 68.150(B)(3).

Defendants (1)

• CHAIRMANS FOODS LLCNamed in complaintNamed in settlement

Facilities (2)

• CHAIRMANS FOODS LLC

  1725 ELM HILL PIKE, NASHVILLE, TN, 37210

  Registry ID: 110070258889

• CHAIRMANS FOODS LLC

  1725 ELM HILL PIKE, NASHVILLE, TN, 37210

  Registry ID: 110070258889

Statutes cited

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

Enforcement conclusions (1)

• CHAIRMANS FOODS LLCentered 2021-06-10

  Primary law: CAA

  Federal penalty: $88,640

Timeline (3 milestones)

• 2021-06-10Final Order Issued
• 2021-06-10Complaint Filed/Proposed Order
• 2021-07-08Enforcement Action Data Entered