EPA v. TAYLOR FARMS TENNESSEE, INC

Case summary

8/21/2024 - CONSENT AGREEMENT FINAL ORDER ISSUED ASSESSING A PENALTY OF $41,432. PENALTY DUE WITHIN 30 DAYS UPON RECEIPT OF THE EXECUTED ESA. ALLEGED VIOLATIONS: ON JULY 31, 2023, MARCH 14, 2024, AND APRIL 16, 2024, REPRESENTATIVES OF RESPONDENT AND THE EPA HELD A MEETING TO DISCUSS THE NOPVOC ISSUED BY EPA TO THE RESPONDENT ON FEBRUARY 15, 2023. ON AUGUST 23, 2022, THE EPA CONDUCTED AN ON-SITE INSPECTION OF RESPONDENT?S RMPROGRAM RELATED RECORDS, EQUIPMENT, AND PROCESSES. 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 FOLLOW RAGAGEP FOR INSPECTION AND TESTING PROCEDURES, AS REQUIRED BY 40 C.F.R. ? 68.73(D)(2); AND C. FAILED TO DOCUMENT EACH INSPECTION AND TEST THAT HAS BEEN PERFORMED ON PROCESS EQUIPMENT. THE DOCUMENTATION SHALL IDENTIFY THE DATE OF THE INSPECTION OR TEST, THE NAME OF THE PERSON WHO PERFORMED THE INSPECTION OR TEST, THE SERIAL NUMBER OR OTHER IDENTIFIER OF THE EQUIPMENT ON WHICH THE INSPECTION OR TEST WAS PERFORMED, A DESCRIPTION OF THE INSPECTION OR TEST PERFORMED, AND THE RESULTS OF THE INSPECTION OR TEST AS REQUIRED BY 40 C.F.R. ? 68.73(D)(4).

Defendants (1)

• TAYLOR FARMS TENNESSEE, INCNamed in complaintNamed in settlement

Facilities (2)

• CLUB CHEF

  3776 LAKE PARK DR, COVINGTON, KY, 41017

  Registry ID: 110023012265

• CLUB CHEF

  3776 LAKE PARK DR, COVINGTON, KY, 41017

  Registry ID: 110023012265

Statutes cited

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

Enforcement conclusions (1)

• TAYLOR FARMS TENNESSEE, INCentered 2024-08-21

  Primary law: CAA

  Federal penalty: $41,432

Timeline (4 milestones)

• 2024-08-21Complaint Filed/Proposed Order
• 2024-08-21Final Order Issued
• 2024-09-04Enforcement Action Data Entered
• 2024-09-20Enforcement Action Closed