EPA v. PILGRIM'S PRIDE CORPORATION

Case summary

2/15/2023? EXPEDITED SETTLEMENT AGREEMENT ISSUED ASSESSING A PENALTY OF $3,000. PENALTY DUE WITHIN 15 DAYS. ALLEGED VIOLATIONS: BASED ON A COMPLIANCE MONITORING INSPECTION CONDUCTED AT THE RESPONDENT'S FACILITY LOCATED IN GUNTERSVILLE, ALABAMA, ON MAY 17, 2022, THE EPA ALLEGES THAT THE RESPONDENT VIOLATED THE ACT'S SECTION I12(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 DOCUMENTED THAT EQUIPMENT COMPLIES WITH RECOGNIZED AND GENERALLY ACCEPTED GOOD ENGINEERING PRACTICES AS REQUIRED BY 40 C.F.R. ? 68.65(D)(2), BECAUSE: (A) FROST BUILD UP OBSERVED AROUND PIPING AND EQUIPMENT IN THE ENGINE ROOM WHERE VALVE GROUPS ARE PRESENT (REF: AMERICAN NATIONAL STANDARDS INSTITUTE/INTERNATIONAL INSTITUTE OF AMMONIA REFRIGERATION (ANSI/UAR) 2- 2014 SECTION 5. I0.1 (CONDENSATION AND FROST CONTROL)) (B): B. SOME AMMONIA PIPES ON THE ROOF HAD MISSING LABELS OR LABELS THAT WERE FADED AND/OR PEELING OFF (REF: ANSI/IIAR 2-2014 SECTION 5.14.6); AND (C): A VALVE GROUP ASSOCIATED WITH A CONDENSER (EC-2) THAT IS LOCATED OUTSIDE ON THE ROOF BAD SIGNS OF RUST (REF: ANSVIIAR 6-2019 SECTION 11.1.1.2). 2. THE OWNER OR OPERATOR CORRECTED DEFICIENCIES IN EQUIPMENT THAT ARE OUTSIDE ACCEPTABLE LIMITS (REF: PROCESS SAFETY INFORMATION IN 40 C.F.R. ? 68.65) BEFORE FURTHER USE OR IN A SAFE AND TIMELY MANNER WHEN NECESSARY MEANS ARE TAKEN TO ASSURE SAFE OPERATION AS REQUIRED BY 40 C.F.R. ? 68.73(E), REF: ANSVIIAR 6-2019, TABLE 10.1. 3. THE PERFORMANCE OF THE CONTRACT OWNER OR OPERATOR IN FULFILLING THEIR OBLIGATIONS AS SPECIFIED IN 40 C.F.R. ? 68.87(C) WAS PERIODICALLY EVALUATED, AS REQUIRED BY 40 C.F.R. ? 68.87(B)(5) IN REGARD TO CONTRACT EMPLOYEE EVALUATIONS.

Defendants (1)

• PILGRIM'S PRIDE CORPORATIONNamed in complaintNamed in settlement

Facilities (4)

• PILGRIM'S PRIDE - GUNTERSVILLE PROCESSING PLANT

  3500 LAKE GUNTERSVILLE PARK DR., GUNTERSVILLE, AL, 359761965

  Registry ID: 110000368370

• PILGRIM'S PRIDE - GUNTERSVILLE PROCESSING PLANT

  3500 LAKE GUNTERSVILLE PARK DR., GUNTERSVILLE, AL, 359761965

  Registry ID: 110000368370

• PILGRIM'S PRIDE - GUNTERSVILLE PROCESSING PLANT

  3500 LAKE GUNTERSVILLE PARK DR., GUNTERSVILLE, AL, 359761965

  Registry ID: 110000368370

• PILGRIM'S PRIDE - GUNTERSVILLE PROCESSING PLANT

  3500 LAKE GUNTERSVILLE PARK DR., GUNTERSVILLE, AL, 359761965

  Registry ID: 110000368370

Statutes cited

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

Enforcement conclusions (1)

• PILGRIM'S PRIDE CORPORATIONentered 2023-02-15

  Primary law: CAA

  Federal penalty: $3,000

Timeline (4 milestones)

• 2023-02-15Final Order Issued
• 2023-02-15Complaint Filed/Proposed Order
• 2023-02-21Enforcement Action Data Entered
• 2023-04-12Enforcement Action Closed