EPA v. Twin City Foods Inc. (Lake Odessa, MI) ESA

Case summary

On February 5, 2014, an authorized EPA representative conducted a compliance inspection of Twin City Foods Inc., located at 1315 Sherman Street, Lake Odessa, Michigan to determine the facility's compliance with Section 112(r)(7) of the Clean Air Act. EPA determined that Respondent had violated the following regulations: 1) 40 CFR 68.15 Respondent failed to document the names or positions of individuals who have responsibility for implementing individual requirements of the RMP, and failed to document the lines of authority through an organization chart or similar document; 2) 40 CFR 68.67 (e) Respondent failed to establish a system to promptly address the Process Hazard Analysis team's findings and recommendations; document what actions are to be taken; complete actions as soon as possible, develop a written schedule; communicate the actions to the operating, maintenance and other employees whose work assignments are in the process; 3) 40CFR 68.67(f) Respondent failed to update and revalidate Process Hazard Analysis to assure it is consistent with the current process; 4) 40CFR 68.73 (d)(3) Respondent failed to inspect and test process equipment at a frequency consistent with manufacturers' recommendations and good engineering practices;5) 40CFR 68.73(e) Respondent failed to corrrect deficiencies in equipment in a timely manner; 6.) 40 CFR 68.79 c Respondent failed to develop a report of findings of Compliance Audits performed; 7) 40 CFR68.79e Respondent failed to retain the two most recent complaince audit reports; 8) 40CFR 68.87(b)(5) Respondent failed to periodically evaluate the performance of the contract owner or operator in fulfilling their obligations. The penalty for the ESA was $7,600.

Defendants (1)

• Twin City Foods Inc.Named in complaintNamed in settlement

Facilities (1)

• TWIN CITY FOODS

  1315 SHERMAN STREET, LAKE ODESSA, MI, 48849-1399

  Registry ID: 110000555006

Statutes cited

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

Enforcement conclusions (1)

• Twin City Foods Inc. (Lake Odessa, MI) ESAentered 2014-10-28

  Primary law: CAA

  Federal penalty: $7,600

Timeline (5 milestones)

• 2014-10-28Pipeline Closed
• 2014-10-28Enforcement Action Closed
• 2014-10-28Complaint Filed/Proposed Order
• 2014-10-28Final Order Issued
• 2014-10-29Enforcement Action Data Entered