EPA v. BLUE BELL CREAMERIES, L.P.

Case summary

6/13/2024 - EXPEDITED SETTLEMENT AGREEMENT ISSUED ASSESSING A PENALTY OF $8,200. PENALTY DUE WITHIN 30 DAYS UPON RECEIPT OF THE EXECUTED ESA. ALLEGED VIOLATIONS: BASED ON A COMPLIANCE MONITORING INSPECTION CONDUCTED ON MARCH 27, 2023, AT THE RESPONDENT'S FACILITY LOCATED AT SYLACAUGA, ALABAMA, 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 DOCUMENTED THAT THE EQUIPMENT COMPLIES WITH RECOGNIZED AND GENERALLY ACCEPTED GOOD ENGINEERING PRACTICES (RAGAGEP), AS REQUIRED BY 40 C.F.R. ? 68.65(D)(2). 2. IT HAD ESTABLISHED, IN ACCORDANCE WITH 40 C.F.R. ? 68.67(E), A SYSTEM TO: PROMPTLY ADDRESS THE TEAM'S PROCESS HAZARD ANALYSIS (PHA) FINDINGS AND RECOMMENDATIONS. 3. IT HAD CONDUCTED, UPDATED, AND REVALIDATED THE PHA, IN ACCORDANCE WITH 40 C.F.R. ? 68.67(F). 4. IT HAD ESTABLISHED AND IMPLEMENTED WRITTEN PROCEDURES, IN ACCORDANCE WITH 40 C.F.R. ? 68.75(A), 40 C.F.R. ? 68.75(B), 40 C.F.R. ? 68.75(C), 40 C.F.R. ? 68.75(D), AND 40 C.F.R. ? 68.75(E). 5. IT HAD, IN ACCORDANCE WITH 40 C.F.R. ? 68.79(A), CERTIFIED THAT IT HAD EVALUATED COMPLIANCE WITH THE PROVISIONS OF SUBPART D AT LEAST EVERY THREE YEARS TO VERIFY THAT PROCEDURES AND PRACTICES DEVELOPED UNDER THIS SUBPART ARE ADEQUATE AND ARE BEING FOLLOWED.

Defendants (1)

• BLUE BELL CREAMERIES, L.P.Named in complaintNamed in settlement

Facilities (1)

• BLUE BELL CREAMERIES - SYLACAUGA

  423 N NORTON AVE, SYLACAUGA, AL, 35150

  Registry ID: 110000513613

Statutes cited

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

Enforcement conclusions (1)

• BLUE BELL CREAMERIES, L.P.entered 2024-06-13

  Primary law: CAA

  Federal penalty: $8,200

Timeline (4 milestones)

• 2024-06-13Complaint Filed/Proposed Order
• 2024-06-13Final Order Issued
• 2024-07-10Enforcement Action Data Entered
• 2024-07-13Enforcement Action Closed