EPA v. CARGILL MEAT SOLUTIONS CORPORATION

Case summary

08/18/2025 - CONSENT AGREEMENT AND FINAL ORDER ISSUED ASSESSING A PENALTY OF $75,731.00. PENALTY DUE WITHIN 30 DAYS AFTER THE EFFECTIVE DATE OF THIS CAFO. ALLEGED VIOLATIONS: ON JUNE 7, 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. ON MAY 7, 2024, THE EPA ISSUED TO RESPONDENT A NOTICE OF POTENTIAL VIOLATION AND OPPORTUNITY TO CONFER (?NOPVOC?), PROVIDING NOTICE THAT THE EPA FOUND THAT RESPONDENT POTENTIALLY COMMITTED THE ALLEGED VIOLATIONS DESCRIBED IN SECTION V OF THE CONSENT AGREEMENT AND PROVIDING RESPONDENT AN OPPORTUNITY TO CONFER WITH THE EPA. ON JUNE 20, 2024, REPRESENTATIVES OF RESPONDENT AND THE EPA HELD A MEETING TO DISCUSS THE NOPVOC. 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 ENSURE AND DOCUMENT THAT ITS PROCESS IS DESIGNED AND MAINTAINED IN COMPLIANCE WITH RAGAGEP, AS REQUIRED BY 40 C.F.R. ? 68.65(D)(2); (B) FAILED TO ESTABLISH A SYSTEM TO PROMPTLY ADDRESS THE PHA TEAM'S FINDINGS AND RECOMMENDATIONS; ASSURE THAT THE RECOMMENDATIONS ARE RESOLVED IN A TIMELY MANNER AND THAT THE RESOLUTION IS DOCUMENTED; DOCUMENT WHAT ACTIONS ARE TO BE TAKEN; COMPLETE ACTIONS AS SOON AS POSSIBLE; AND DEVELOP A WRITTEN SCHEDULE OF WHEN THESE ACTIONS ARE TO BE COMPLETED, AS REQUIRED BY 40 C.F.R. ? 68.67(E); (C) FAILED TO ENSURE INSPECTION AND TESTING PROCEDURES FOLLOW RAGAGEP, AS REQUIRED BY 40 C.F.R. ? 68.73(D)(2); (D) FAILED TO CORRECT DEFICIENCIES IN EQUIPMENT THAT ARE OUTSIDE ACCEPTABLE LIMITS (DEFINED BY THE PROCESS SAFETY INFORMATION IN ? 68.65) BEFORE FURTHER USE OR IN A SAFE AND TIMELY MANNER WHEN NECESSARY MEANS ARE TAKEN TO ASSURE SAFE OPERATION, AS REQUIRED BY 40 C.F.R. ? 68.73(E); (E) FAILED TO COORDINATE RESPONSE NEEDS WITH LOCAL EMERGENCY PLANNING AND RESPONSE ORGANIZATIONS AT LEAST ANNUALLY, AND MORE FREQUENTLY, IF NECESSARY, 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); AND FAILED TO DOCUMENT COORDINATION WITH LOCAL AUTHORITIES, INCLUDING: THE NAMES OF INDIVIDUALS INVOLVED AND THEIR CONTACT INFORMATION (PHONE NUMBER, EMAIL ADDRESS, AND ORGANIZATIONAL AFFILIATIONS); DATES OF COORDINATION ACTIVITIES; AND NATURE OF COORDINATION ACTIVITIES, AS REQUIRED BY 40 C.F.R. ? 68.93(C).

Defendants (1)

• CARGILL MEAT SOLUTIONS CORPORATIONNamed in complaintNamed in settlement

Facilities (2)

• FIVE STAR CUSTOM FOODS

  2621 EUGENIA AVE, NASHVILLE, TN, 37211

  Registry ID: 110042263369

• FIVE STAR CUSTOM FOODS

  2621 EUGENIA AVE, NASHVILLE, TN, 37211

  Registry ID: 110042263369

Statutes cited

• EPCRA 312 — Emergency and Hazardous Chemical Inventory Forms
• CAA 112[R][7] — Prevention of Accidental Release/Risk Management Plans (RMPs)

Enforcement conclusions (1)

• CARGILL MEAT SOLUTIONS CORPORATIONentered 2025-08-18

  Primary law: CAA

  Federal penalty: $75,731

Timeline (4 milestones)

• 2025-08-18Final Order Issued
• 2025-08-18Complaint Filed/Proposed Order
• 2025-09-02Enforcement Action Data Entered
• 2025-09-17Enforcement Action Closed