EPA v. TATE & LYLE INGREDIENTS AMERICAS LLC (NORTH PLANT) - 112R7 RMP ACO

Case summary

I recommend that you approve the attached Administrative Consent Order (ACO) for Tate & Lyle Sagamore Lafayette, Indiana to address violations regarding the Chemical Accident Prevention Provisions (CAPP), codified at 40 C.F.R. Part 68, as well as Section 112(r)(7)(E) of the Clean Air Act, 42 U.S.C. ? 7412(r)(7)(E). Specifically, the Tate & Lyle failed to comply with regulatory requirements related to their Risk Management Plan, Process Safety Information, Process Hazard Analysis, Management of Change Procedures, Incident Investigation, Contractors, and Emergency Response Program as required by the CAPP under 40 C.F.R. Part 68. We discovered these violations during an on-site inspection of the facility on October 25, 2023. Tate & Lyle has taken some actions to correct the deficiencies identified during th inspection. A concurrent Administrative Consent Order will be issued to order Tate & Lyle to correct the remaining deficiencies that were identified. This ACO requires Tate & Lyle to address all recommendations from the 2017 ABS Consulting relief system, compiling and maintaining the associated design information. Tate & Lyle must also compile and maintain the ventilation system design information for the process, ensuring that the facility's relief system, sulfur dioxide ventilation system, and piping labeling comply with RAGAGEP. Additionally, all open recommendations from the 2018 Process Hazard Analysis (PHA) need to be resolved. The ACO emphasizes enhancing Management of Change (MOC) communication, with documentation of employee review and understanding in WorkDay, and including PVS on the Risk Management Plan (RMP) contractor list. Tate & Lyle is required to obtain and evaluate PVS's safety performance, inform them of hazards, explain relevant provisions, develop safe work practices in partnership with PVS, and periodically assess their performance. Furthermore, Tate & Lyle must coordinate emergency response needs with local organizations on an annual basis, documenting essential details such as names, contacts, and affiliations. An emergency response program, including procedures for equipment use, inspection, testing, and maintenance, needs to be developed and implemented. Finally, Tate & Lyle is expected to prepare evaluation reports within 90 days of conducting each field or tabletop exercise. This ACO requires Tate & Lyle to do the above to addresses the violations set forth in the FOV issued to Tate & Lyle Sagamore Lafayette, Indiana on March 21, 2024.

Defendants (1)

• TATE & LYLE INGREDIENTS AMERICAS LLCNamed in settlement

Facilities (1)

• TATE & LYLE SOLUTIONS USA LLC

  2245 NORTH SAGAMORE PKWY, LAFAYETTE, IN, 47904-1620

  Registry ID: 110000493902

Statutes cited

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

Enforcement conclusions (1)

• TATE & LYLE INGREDIENTS AMERICAS LLC (NORTH PLANT) - 112R7 RMP ACOentered 2025-09-17

  Primary law: CAA

Timeline (2 milestones)

• 2025-09-17Final Order Issued
• 2025-10-09Enforcement Action Data Entered