EPA v. RED STAR YEAST COMPANY LLC

Case summary

7/19/2023 - CONSENT AGREEMENT AND FINAL ORDER ISSUED ASSESSING A PENALTY OF $ $17,996. 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 RECOGNIZED AND GENERALLY ACCEPTED GOOD ENGINEERING PRACTICES, AS REQUIRED BY 40 C.F.R. ? 68.65(D)(2); B. FAILED TO DEVELOP AND IMPLEMENT WRITTEN OPERATING PROCEDURES THAT PROVIDE CLEAR INSTRUCTIONS FOR SAFELY CONDUCTING ACTIVITIES INVOLVED IN EACH COVERED PROCESS CONSISTENT WITH THE PROCESS SAFETY INFORMATION AND THAT ADDRESS SPECIFIED ELEMENTS IDENTIFIED IN THE CAFO. C. FAILED TO CERTIFY ANNUALLY THAT OPERATING PROCEDURES ARE CURRENT AND ACCURATE, AS REQUIRED BY 40 C.F.R. ? 68.69(C); D. FAILED TO ESTABLISH AND IMPLEMENT WRITTEN PROCEDURES TO MANAGE CHANGES THAT ASSURED CONSIDERATIONS REGARDING MODIFICATIONS TO OPERATING PROCEDURES ARE ADDRESSED PRIOR TO ANY CHANGE, AS REQUIRED BY 40 C.F.R. ? 68.75(B)(3); E. FAILED TO PERFORM A PSSR FOR MODIFIED STATIONARY SOURCES WHEN THE MODIFICATION IS SIGNIFICANT ENOUGH TO REQUIRE A CHANGE IN THE PROCESS SAFETY INFORMATION, AS REQUIRED BY 40 C.F.R. ? 68.77(A); AND F. FAILED TO COORDINATE ANNUALLY WITH THE LOCAL EMERGENCY PLANNING AND RESPONSE ORGANIZATION TO ADDRESS CHANGES: AT THE STATIONARY SOURCE; IN THE STATIONARY SOURCE?S EMERGENCY RESPONSE AND/OR EMERGENCY ACTION PLAN AND/OR IN THE COMMUNITY EMERGENCY RESPONSE PLAN, AS REQUIRED BY 40 C.F.R. ? 68.93(A).

Defendants (1)

• RED STAR YEAST COMPANY LLCNamed in complaintNamed in settlement

Facilities (1)

• RED STAR YEAST COMPANY, LLC

  13211 US HIGHWAY 431 SOUTH, HEADLAND, AL, 36345

  Registry ID: 110000369146

Statutes cited

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

Enforcement conclusions (1)

• RED STAR YEAST COMPANY LLCentered 2023-07-19

  Primary law: CAA

  Federal penalty: $17,996 · SEP: $67,483

Timeline (3 milestones)

• 2023-07-19Complaint Filed/Proposed Order
• 2023-07-19Final Order Issued
• 2023-08-14Enforcement Action Data Entered