EPA v. CUSTOM FOODS OF AMERICA INCORPORATED

Case summary

5/14/2025 - CONSENT AGREEMENT FINAL ORDER ISSUED ASSESSING A PENALTY OF $ 135,279. PENALTY DUE WITHIN 30 DAYS UPON RECEIPT OF THE EXECUTED ESA. ALLEGED VIOLATIONS: ON MARCH 26, 2024, THE EPA ISSUED TO RESPONDENT A NOTICE OF POTENTIAL VIOLATION AND OPPORTUNITY TO CONFER (?NOPVOC?), PROVIDING NOTICE OF POTENTIALLY ALLEGED VIOLATIONS DESCRIBED IN SECTION V OF THIS CAFO AND PROVIDED RESPONDENT AN OPPORTUNITY TO CONFER WITH THE EPA. ON APRIL 22, 2024, REPRESENTATIVES OF RESPONDENT AND THE EPA HELD A MEETING TO DISCUSS THE NOPVOC. ON JULY 18, 2023, THE EPA CONDUCTED AN ON-SITE INSPECTION OF THE RMPROGRAM RELATED RECORDS AND EQUIPMENT FOR THE PURPOSE OF ASSESSING THE RESPONDENT?S COMPLIANCE WITH THE RMPROGRAM REQUIREMENTS AND THE IMPLEMENTED RECOGNIZED AND GENERALLY ACCEPTED GOOD ENGINEERING PRACTICES (RAGAGEP) FOR ITS COVERED PROCESS AT ITS FACILITY. BASED ON THE 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, AT THE TIME OF THE INSPECTION, IT: A. FAILED TO ENSURE, AND DOCUMENT, THAT EQUIPMENT COMPLIES WITHRAGAGEP, AS REQUIRED BY 40 C.F.R. ? 68.65(D)(2); B. FAILED TO DOCUMENT TESTING ON PROCESS EQUIPMENT, AS REQUIRED BY 40 C.F.R. ? 68.73(D); C. FAILED TO CERTIFY THAT THE RESPONDENT HAS EVALUATED COMPLIANCE WITH THE PROVISIONS OF 40 C.F.R. PART 68, SUBPART D (I.E. CONDUCTED A COMPLIANCE AUDIT), AT LEAST EVERY THREE YEARS TO VERIFY THAT PROCEDURES AND PRACTICES DEVELOPED UNDER 40 C.F.R. PART 68, SUBPART D, ARE ADEQUATE AND ARE BEING FOLLOWED, AS REQUIRED BY 40 C.F.R. ? 68.79(A); AND D. FAILED TO COORDINATE RESPONSE NEEDS WITH LOCAL EMERGENCY PLANNING AND RESPONSE ORGANIZATIONS AT LEAST ANNUALLY, AND MORE FREQUENTLY, IF NECESSARY, TO ADDRESS CHANGES AND TO DOCUMENT SUCH COORDINATION WITH LOCAL AUTHORITIES, AS REQUIRED BY 40 C.F.R. ? 68.93(A)-(C).

Defendants (1)

• CUSTOM FOODS OF AMERICA INCORPORATEDNamed in complaintNamed in settlement

Facilities (1)

• CUSTOM FOODS OF AMERICA

  3600 PLEASANT RIDGE RD., KNOXVILLE, TN, 37921

  Registry ID: 110022416928

Statutes cited

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

Enforcement conclusions (1)

• CUSTOM FOODS OF AMERICA INCORPORATEDentered 2025-05-14

  Primary law: CAA

  Federal penalty: $135,279

Timeline (3 milestones)

• 2025-05-14Final Order Issued
• 2025-05-14Complaint Filed/Proposed Order
• 2025-06-09Enforcement Action Data Entered