EPA v. ICE CREAM SPECIALTIES INC 112R APO/CAFO

Case summary

The Region alleges that ICS 1) failed to establish a system to promptly address process hazard analysis findings and recommendations; 2) failed to assure their operating procedures reflect current operating practices; 3) failed to correct deficiencies in equipment in a safe and timely manner; 4) failed to promptly determine and document an appropriate response to each of the findings of the compliance audit, and document that deficiencies have been corrected; and 5) failed to coordinate annually with the LEPC and local fire department. This CAFO requires ICS to pay a penalty of $176,708. ICS will also undertake a Supplemental Environmental Project (SEP) related to Emergency Planning and Preparedness which will include the replacement and updating of depleted and outdated equipment and safety devices and updated training of the local hazmat team. Respondent will also purchase a remote ammonia detection system at its plant so that if a release were to occur, the Lafayette Fire Department and Special Operations HAZMAT Team could immediately locate the area of the release. Respondent agrees to spend at least $84,500 on implementing the SEP. The penalty payment and completion of the SEP resolves the finding of violation issued to ICS on January 9, 2023.

Defendants (1)

• ICE CREAM SPECIALTIES INCNamed in complaintNamed in settlement

Facilities (1)

• ICE CREAM SPECIALTIES, INC. - LAFAYETTE

  2600 CONCORD ROAD, LAFAYETTE, IN, 47909-2773

  Registry ID: 110063115034

Statutes cited

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

Enforcement conclusions (1)

• ICE CREAM SPECIALTIES INC 112R APO/CAFOentered 2024-03-19

  Primary law: CAA

  Federal penalty: $176,708 · SEP: $84,500

Timeline (3 milestones)

• 2024-03-19Final Order Issued
• 2024-03-19Complaint Filed/Proposed Order
• 2024-03-20Enforcement Action Data Entered