EPA v. THE COCA-COLA COMPANY

Case summary

4/7/2026 ? CONSENT AGREEMENT AND FINAL ORDER ISSUED ASSESSING A PENALTY OF $46,553 TO BE PAID WITHIN THIRTY (30) CALENDAR DAYS OF RECEIVING A COPY OF THE FULLY CAFO. ALLEGED VIOLATIONS: ON MARCH 5, 2024, 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. AT THE TIME OF THE INSPECTION, EPA OBSERVED THE FOLLOWING - SIGNAGE WAS NOT PROVIDED TO IDENTIFY THE EMERGENCY STOP SWITCH OR THE EMERGENCY VENTILATION ACTIVATION SWITCH OUTSIDE AMMONIA MACHINERY ROOMS - PRESSURE RELIEF VALVES (PRVS) ASSOCIATED WITH COMPRESSORS C1, C2, AND C3 INSIDE AMR 1 WERE SCHEDULED FOR RECERTIFICATION OR REPLACEMENT BY JANUARY 2024 BUT WERE STILL IN USE IN MARCH 2024. FACILITY REPRESENTATIVES STATED THE PRVS HAD NOT BEEN RECERTIFIED OR REPLACED AT THE TIME OF THE INSPECTION. - PALLETIZED OIL DRUMS (COMBUSTIBLE MATERIALS) WERE BEING STORED OUTSIDE OF APPROVED FIRE-RATED STORAGE CONTAINERS. - STAIRWAY GATES TO ACCESS THE AMMONIA EQUIPMENT ON THE ROOFS OF AMRS 1 AND 2/3 AND THE SECURITY FENCE SURROUNDING AMR 4 (ALL HIGH HAZARD CONTENT AREAS WITH OCCUPANT LOADS IN EXCESS OF FIVE) WERE EQUIPPED WITH LOCKING HARDWARE THAT DID NOT MEET PANIC HARDWARE OR FIRE EXIT HARDWARE STANDARDS. - AMMONIA PIPING ASSOCIATED WITH HPR V-30 AND ON THE ROOF WAS UNSUPPORTED AND UNPROTECTED. - KING VALVES WITHIN, AND ON THE ROOF OF, AMR 4 THAT COULD NOT BE MANUALLY SHUT OFF. - A DESK WAS BLOCKING THE EYE WASH STATION IN THE LOADING DOCK AREA. ON NOVEMBER 19, 2024, THE EPA ISSUED TO RESPONDENT A NOTICE OF POTENTIAL VIOLATION (?NOPV?), PROVIDING NOTICE THAT THE EPA FOUND THAT RESPONDENT POTENTIALLY COMMITTED THE ALLEGED VIOLATIONS DESCRIBED IN SECTION V OF THIS AGREEMENT AND PROVIDING RESPONDENT AN OPPORTUNITY TO CONFER WITH THE EPA. ON MARCH 19, 2025, REPRESENTATIVES OF RESPONDENT AND THE EPA HELD A MEETING TO DISCUSS THE NOPV. 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 FAILED TO ENSURE AND DOCUMENT THAT THE PROCESS IS DESIGNED AND MAINTAINED IN COMPLIANCE WITH RAGAGEP, AS REQUIRED BY 40 C.F.R. ? 68.65(D)(2).

Defendants (1)

• THE COCA-COLA COMPANYNamed in complaintNamed in settlement

Facilities (1)

• COCA-COLA NORTH AMERICA

  705 MAIN STREET, AUBURNDALE, FL, 33823

  Registry ID: 110015626982

Statutes cited

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

Enforcement conclusions (1)

• The Coca-Cola Companyentered 2026-04-07

  Primary law: CAA

  Federal penalty: $46,553

Timeline (3 milestones)

• 2026-04-07Complaint Filed/Proposed Order
• 2026-04-07Final Order Issued
• 2026-04-16Enforcement Action Data Entered