EPA v. BEN E. KEITH COMPANY

Case summary

CONSENT AGREEMENT FINAL ORDER: 08/05/2026 This is an administrative penalty assessment proceeding brought under Section 113(d) of the Clean Air Act (CAA or the Act), 42 U.S.C. 7413(d), and Sections 22.13(b) and 22.18 of the Consolidated Rules of Practice Governing the Administrative Assessment of Civil Penalties and the Revocation/Termination or Suspension of Permits (Consolidated Rules), as codified at Title 40 of the Code of Federal Regulations (C.F.R.), Part 22. Respondent is the owner and/or operator of the Facility, which is a stationary source as that term is defined by Section 112(r)(2)(C) of the Act, 42 U.S.C. 7412(r)(2)(C). Respondent has registered an RMPlan with the EPA for its Facility and has developed an RMProgram accidental release prevention program for the Facility. At its Facility: (a) Respondent operates an ammonia refrigeration system. (b) At all times relevant to the violations alleged in Section V of this Consent Agreement, Respondent had on-site for use, 28,000 pounds of anhydrous ammonia. (c) Respondent has one RMProgram level 3 covered process, which stores or otherwise uses anhydrous ammonia in an amount exceeding its applicable threshold of 10,000 pounds. On May 2, 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. 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 the process is designed and maintained in compliance with RAGAGEP, as required by 40 C.F.R. 68.65(d)(2); and (b) Failed to establish a system to promptly address the team's findings and recommendations (of the PHA); 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; develop a written schedule of when these actions are to be completed; and communicate the actions to operating, maintenance and other employees whose work assignments are in the process and who may be affected by the recommendations or actions, as required by 40 C.F.R. 68.67(e); Respondent agrees to a civil penalty in the amount of $55,864 (Assessed Penalty), to be paid within thirty (30) calendar days after the Effective Date of this CAFO.

Defendants (1)

• BEN E. KEITH COMPANYNamed in complaintNamed in settlement

Facilities (1)

• BEN E. KEITH FOODS SOUTHEAST DIVISION

  1 BEN E. KEITH WAY, NEW BROCKTON, AL, 36351

  Registry ID: 110070618793

Statutes cited

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

Enforcement conclusions (1)

• BEN E. KEITH COMPANYentered 2026-08-05

  Primary law: CAA

  Federal penalty: $55,864

Timeline (3 milestones)

• 2026-08-05Complaint Filed/Proposed Order
• 2026-08-05Final Order Issued
• 2026-08-31Enforcement Action Data Entered