EPA v. GENERAL MILLS OPERATIONS, LLC

Case summary

9/5/2023 - CONSENT AGREEMENT AND FINAL ORDER ISSUED ASSESSING A PENALTY OF $2,930. 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 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; DOCUMENTS 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 FOLLOW RAGAGEP FOR INSPECTION AND TESTING PROCEDURES, AS REQUIRED BY 40 C.F.R. ? 68.73(D)(2); D. FAILED TO PROMPTLY DETERMINE AND DOCUMENT AN APPROPRIATE RESPONSE TO EACH OF THE FINDINGS OF THE COMPLIANCE AUDIT, AND DOCUMENT THAT DEFICIENCIES HAVE BEEN CORRECTED AS REQUIRED BY 40 C.F.R. ? 68.79(D); AND E. 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)

• GENERAL MILLS OPERATIONS, LLCNamed in complaintNamed in settlement

Facilities (1)

• MIDWEST YOGURT INC.

  2695 GENERAL MILLS WAY, MURFREESBORO, TN, 37127

  Registry ID: 110072153953

Statutes cited

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

Enforcement conclusions (1)

• GENERAL MILLS OPERATIONS, LLCentered 2023-09-05

  Primary law: CAA

  Federal penalty: $2,930 · SEP: $10,986

Timeline (3 milestones)

• 2023-09-05Final Order Issued
• 2023-09-05Complaint Filed/Proposed Order
• 2023-09-07Enforcement Action Data Entered