EPA v. Del Monte Fresh Produce (Southwest), Inc. CAA (112r7) ESA

Case summary

This is an administrative penalty action pursuant to Section 112(r)(7) of the CAA issued to Del Monte Fresh Produce (Southwest), Inc. for violations occuring at its Goodyear, AZ facility. The violations involved failure to: 1) review and update the RMP and submit to EPA by the five-year anniversary date; 2) update and revalidate the PHA every five years; 3) establish a system to promptly address the action items identified during the Process Hazard Analysis process; 4) develop and implement written operating procedures or steps for conducting activities associated with each covered process; 5) address temporary and emergency operations in SOPs; 6) see that each employee involved in operating a process and each employee before being involved in a newly assigned process, is initially trained in an overview of the process and in the operating procedures; 7) Certify at least every three years that the facility is in compliance with the provisions of the prevention program; and 8) properly determine and document an appropriate response to each of the findings of the compliance audit and document that such deficiencies have been corrected, all as required under Section 112(r)(7) of the CAA. The Complaint / Consent Agreement establishes that Respondent will pay a penalty of $7,440.

Defendants (1)

• Del Monte Fresh Produce (Southwest), Inc.Named in complaintNamed in settlement

Facilities (1)

• DEL MONTE FRESH PRODUCE

  14550 W. LA ESTRELLA, GOODYEAR, AZ, 85338-3615

  Registry ID: 110000511839

Statutes cited

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

Enforcement conclusions (1)

• Del Monte Fresh Produce (Southwest), Inc. CAA (112r7) ESAentered 2012-09-07

  Primary law: CAA

  Federal penalty: $7,440

Timeline (4 milestones)

• 2012-09-07Final Order Issued
• 2012-09-07Complaint Filed/Proposed Order
• 2012-09-07Enforcement Action Closed
• 2012-09-27Enforcement Action Data Entered