EPA v. SMITHFIELD PACKAGED MEATS CORPORATION

Case summary

8/30/2022 ? CONSENT AGREEMENT AND FINAL ORDER ISSUED ASSESSING A PENALTY OF $83,061. 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 SECTION 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 PROVIDE REFRESHER TRAINING AT LEAST EVERY THREE YEARS TO EACH EMPLOYEE INVOLVED IN OPERATING A PROCESS TO ASSURE THAT THE EMPLOYEE UNDERSTANDS AND ADHERES TO THE CURRENT OPERATING PROCEDURES OF THE PROCESS, AS REQUIRED BY 40 C.F.R. ? 68.71(B); AND C. FAILED TO ESTABLISH A SYSTEM TO PROMPTLY ADDRESS AND RESOLVE THE INCIDENT REPORT FINDINGS AND RECOMMENDATIONS AS REQUIRED BY 40 C.F.R. ? 68.81(E).

Defendants (1)

• SMITHFIELD PACKAGED MEATS CORPORATIONNamed in complaintNamed in settlement

Facilities (2)

• SMITHFIELD PACKING CO IN

  820 S 23RD ST, MIDDLESBORO, KY, 40965

  Registry ID: 110040045938

• SMITHFIELD PACKING CO IN

  820 S 23RD ST, MIDDLESBORO, KY, 40965

  Registry ID: 110040045938

Statutes cited

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

Enforcement conclusions (1)

• SMITHFIELD PACKAGED MEATS CORPORATIONentered 2022-08-30

  Primary law: CAA

  Federal penalty: $83,061

Timeline (4 milestones)

• 2022-08-30Complaint Filed/Proposed Order
• 2022-08-30Final Order Issued
• 2022-08-31Enforcement Action Data Entered
• 2022-09-14Enforcement Action Closed