EPA v. ALATRADE FOODS, INC

Case summary

8/1/2023 - 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 6 DOWNING DRIVE, PHENIX CITY, ALABAMA ON MARCH 3, 2022, 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: 1. IT ENSURED THAT ITS EQUIPMENT COMPLIES WITH RECOGNIZED AND GENERALLY ACCEPTED GOOD ENGINEERING PRACTICES (RAGAGEP), AS REQUIRED BY 40 C.F.R. ? 68.65(D)(2) WHEN: A. NEITHER OF TWO EGRESS DOORS AT THE MACHINERY ROOM WERE EQUIPPED WITH PANIC HARDWARE TO FACILITATE EXIT IN CASE OF EMERGENCY AS REQUIRED BY THE INTERNATIONAL INSTITUTE OF AMMONIA REFRIGERATION (IIAR) STANDARD 2, SECTION 6.10.2 AND STANDARD 9, SECTION 7.3.9.2; B. FLAMMABLE MATERIALS/LIQUIDS OUTSIDE OF APPROVED FIRE-RATED CONTAINERS WERE STORED IN THE ENGINE/MACHINERY ROOM, INCONSISTENT WITH REQUIREMENTS OF THE AMERICAN NATIONAL STANDARDS INSTITUTE (ANSI)/IIAR STANDARD 2, SECTION 6.4 ; C. SURFACE CORROSION/RUSTING WAS OBSERVED ON CERTAIN PIPING, STOP VALVES, VALVE CASING AND VALVE STEMS APPEARED TO HAVE SIGNIFICANT SURFACE CORROSION/RUSTING, INCONSISTENT WITH REQUIREMENT OF UAR STANDARD 6, SECTION 11.1.1; D. THE ANHYDROUS AMMONIA SYSTEM/PROCESS EQUIPMENT OUTDOORS DID NOT HAVE ADEQUATE SAFETY BARRIERS OR MEASURES TO PREVENT POTENTIAL VEHICULAR OR ACCIDENTAL DAMAGE OR RUPTURE TO THE AMMONIA SYSTEM BY EXTERNAL SOURCES, AS REQUIRED BY THE AMERICAN SOCIETY OF HEATING, REFRIGERATING AND AIR-CONDITIONING ENGINEERS (ASHRAE) 15-1994 SECTION 11.1; E. THE ANHYDROUS AMMONIA SYSTEM CONTAINS MORE THAN 110 POUNDS OF REFRIGERANT, BUT ONE VALVE DID NOT CONTAIN A VALVE IDENTIFICATION TAG AS REQUIRED IN ACCORDANCE WITH ANSI/ASHRAE 15-2016, 11.2.2; F. HEAVY ICE BUILD-UP WAS OBSERVED BELOW THE MAIN PUMPED LIQUID VALVE AND THE PIPING IN THE VICINITY, WHICH IS INCONSISTENT WITH THE REQUIREMENT OF HAR 6-2019, 5.6.8; G. INSPECTORS OBSERVED A HOLE IN THE INSULATION ON A PIECE OF AMMONIA SYSTEM PIPING/EQUIPMENT THAT WAS LEFT EXPOSED TO THE ENVIRONMENT WHICH IS INCONSISTENT WITH THE REQUIREMENT OFIIAR 6-2019, 11.1.2. 2. IT ESTABLISHED A SYSTEM TO PROMPTLY ADDRESS THE TEAM'S FINDINGS AND RECOMMENDATIONS FROM THE 2020 PROCESS HAZARD ANALYSIS (PHA) AS REQUIRED BY 40 C.F.R. ? 68.67(E). NO RECORD OR DOCUMENTATION WAS PRESENTED THAT WOULD ILLUSTRATE THE STATUS OF THE 2020 PHA RECOMMENDATIONS. 3. IT PROMPTLY DETERMINED AND DOCUMENTED AN APPROPRIATE RESPONSE TO EACH OF THE FINDINGS OF THE 2021 RMP COMPLIANCE AUDIT, AND THAT DOCUMENTED DEFICIENCIES WERE CORRECTED, AS REQUIRED BY 40 C.F.R. ? 68.79(D).

Defendants (1)

• ALATRADE FOODS, INCNamed in complaintNamed in settlement

Facilities (2)

• ALATRADE FOODS LLC

  725 BLOUNT AVE, GUNTERSVILLE, AL, 35976

  Registry ID: 110071497820

• ALATRADE FOODS LLC

  6 DOWNING DR, PHENIX CITY, AL, 36869

  Registry ID: 110033010328

Statutes cited

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

Enforcement conclusions (1)

• ALATRADE FOODS, INCentered 2023-08-01

  Primary law: CAA

  Federal penalty: $3,300

Timeline (4 milestones)

• 2023-08-01Complaint Filed/Proposed Order
• 2023-08-01Final Order Issued
• 2023-08-02Enforcement Action Closed
• 2023-09-18Enforcement Action Data Entered