EPA v. SYSCO NASHVILLE, LLC

Case summary

08/28/2025 - CONSENT AGREEMENT AND FINAL ORDER ISSUED ASSESSING A PENALTY OF $ 77,278.00. PENALTY DUE WITHIN 30 DAYS AFTER THE EFFECTIVE DATE OF THIS CAFO. ALLEGED VIOLATIONS: ON JUNE 6, 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 THE COVERED PROCESS AT ITS FACILITY. AT THE TIME OF THE INSPECTION, THE EPA OBSERVED: (A) EVIDENCE OF HOW RESPONDENT?S PROCESS WAS DESIGNED AND MAINTAINED. (B) THE FACILITY?S AMMONIA SENSOR CALIBRATION REPORTS. (C) EVIDENCE OF THE FACILITY?S INSPECTION AND TESTING FREQUENCY. ON MAY 8, 2024, THE EPA ISSUED TO RESPONDENT A NOTICE OF POTENTIAL VIOLATION AND OPPORTUNITY TO CONFER (?NOPVOC?), PROVIDING NOTICE THAT THE EPA FOUND RESPONDENT POTENTIALLY COMMITTED THE ALLEGED VIOLATIONS DESCRIBED IN SECTION V OF THIS AGREEMENT AND PROVIDING RESPONDENT AN OPPORTUNITY TO CONFER WITH THE EPA. ON AUGUST 7, 2024, REPRESENTATIVES OF RESPONDENT AND THE EPA HELD A MEETING TO DISCUSS THE NOPVOC. 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 IT: (A) FAILED TO ENSURE AND DOCUMENT THAT THE PROCESS IS DESIGNED AND MAINTAINED IN COMPLIANCE WITH RECOGNIZED AND GENERALLY ACCEPTED GOOD ENGINEERING PRACTICES, AS REQUIRED BY 40 C.F.R. ? 68.65(D)(2); (B) FAILED TO FOLLOW RECOGNIZED AND GENERALLY ACCEPTED GOOD ENGINEERING PRACTICES FOR INSPECTION AND TESTING PROCEDURES, AS REQUIRED BY 40 C.F.R. ? 68.73(D)(2); AND (C) FAILED TO PERFORM INSPECTIONS AND TESTS AT A FREQUENCY CONSISTENT WITH APPLICABLE MANUFACTURERS? RECOMMENDATIONS AND GOOD ENGINEERING PRACTICES, AS REQUIRED BY 40 C.F.R. ? 68.73(D)(3).

Defendants (1)

• SYSCO NASHVILLE, LLCNamed in complaintNamed in settlement

Facilities (1)

• ROBERT ORR - SYSCO FOOD SERVICES, LLC

  ONE HERMITAGE PLAZA, NASHVILLE, TN, 37209-1045

  Registry ID: 110008972950

Statutes cited

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

Enforcement conclusions (1)

• SYSCO NASHVILLE, LLCentered 2025-08-28

  Primary law: CAA

  Federal penalty: $77,278

Timeline (4 milestones)

• 2025-08-28Final Order Issued
• 2025-08-28Complaint Filed/Proposed Order
• 2025-09-05Enforcement Action Data Entered
• 2025-09-27Enforcement Action Closed