EPA v. KROGER MEMPHIS DISTRIBUTION CENTER

Case summary

4/18/2024 - EXPEDITED SETTLEMENT AGREEMENT ISSUED ASSESSING A PENALTY OF $3,300. PENALTY DUE WITHIN 15 DAYS UPON RECEIPT OF THE EXECUTED ESA. ALLEGED VIOLATIONS: BASED ON A COMPLIANCE MONITORING INSPECTION CONDUCTED AT THE RESPONDENT'S FACILITY LOCATED AT 5079 BLEDSOE STREET, MEMPHIS, TENNESSEE, ON OCTOBER 25, 2022, THE EPA ALLEGES THAT THE RESPONDENT VIOLATED THE ACT'S SECTION I 12(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: -- IT DOCUMENTED THAT EQUIPMENT COMPLIES WITH RECOGNIZED AND GENERALLY ACCEPTED GOOD ENGINEERING PRACTICES AS REQUIRED BY 40 C.F.R. ? 68.65(D)(2). - IT CERTIFIED ANNUALLY THAT OPERATING PROCEDURES ARE CURRENT AND ACCURATE, AS REQUIRED BY 40 C.F.R. ? 68.69(C), BECAUSE FACILITY REPRESENTATIVES COULD NOT PRODUCE DOCUMENTATION OF CERTIFICATION OF OPERATING PROCEDURES FOR 2020 AND 2021. - IT PREPARED A RECORD WHICH CONTAINS THE IDENTITY OF THE EMPLOYEE, THE DATE OF TRAINING, AND THE MEANS USED TO VERIFY THAT THE EMPLOYEE UNDERSTOOD THE TRAINING, AS REQUIRED BY 40 C.F.R. ? 68.7L(C), BECAUSE FACILITY REPRESENTATIVES TOLD THE INSPECTION TEAM THAT THEY PERFORM ON-THE-JOB TRAINING (OJT) WITH NEW EMPLOYEES AS INITIAL TRAINING; HOWEVER, FACILITY REPRESENTATIVES COULD NOT PRODUCE ANY DOCUMENTATION OF THE OJT.

Defendants (1)

• KROGER MEMPHIS DISTRIBUTION CENTERNamed in complaintNamed in settlement

Facilities (1)

• KROGER MEMPHIS DISTRIBUTION CENTER

  5079 BLEDSOE STREET, MEMPHIS, TN, 38141-8220

  Registry ID: 110000551304

Statutes cited

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

Enforcement conclusions (1)

• KROGER MEMPHIS DISTRIBUTION CENTERentered 2024-04-18

  Primary law: CAA

  Federal penalty: $3,300

Timeline (4 milestones)

• 2024-04-18Complaint Filed/Proposed Order
• 2024-04-18Final Order Issued
• 2024-04-30Enforcement Action Closed
• 2024-05-13Enforcement Action Data Entered