EPA v. EJ Gallo Livingston CA CAA 112r7 RMP ESA

Case summary

This is an Expedited Settlement Agreement reached with Respondent EJ Gallo Winery - Livingston for violations of the RMP requirements of CAA §112(r)(7) and 40 CFR Part 68. During an inspection of the facility on 9 August 2012 it was determined that the facility failed to: 1) Document that equipment complies with recognized and generally accepted good engineering practices as required by Section 112(r)(7) of the Act, and 40 C.F,R. §68.65(d)(2); 2) Develop and implement written operating procedures that provide clear instructions for safely conducting activities in each covered process consistent with the safety information and shall address at least the following elements... steps for each operating phase, including temporary operations, as required by Section 112(r)(7) of the Act, and 40 C.F.R. §68.69(a)(1)(iii); 3) Develop and implement written operating procedures that provide clear instructions for safely conducting activities in each covered process consistent with the safety information and shall address at least the following elements... Safety and health considerations, such as precautions necessary to prevent exposure including engineering controls, and personal protective equipment, as required by Section 1 12(r)(7) of the Act, and 40 C.F.R. §68.69(a) (3) (ii); 4) Certify annually that the operating procedures are current and accurate and that procedures have been reviewed as often as necessary as required by Section 1 12(r)(7) of the Act, and 40 C.F.R. §68.69(c); 5) Ensure the frequency of inspections and tests of process equipment is consistent with applicable manufacturers’ recommendations, good engineering practices, and prior operating experience as required by Section 1 12(r)(7) of the Act, and 40 C.F.R. §68. 73(d)(3); 6) Certify that the stationary source has evaluated compliance with the provisions of the prevention program at least every three years to verify that the developed procedures and practices are adequate and being followed as required by Section 1 12(r)(7) of the Act, and 40 C.F.R. §68.79(a); and 7) Determine and document an appropriate response to each of the compliance audit findings and document that deficiencies have been corrected as required by Section 112(r)(7) of the Act, and 40 C.F.R. §68.79(d). Respondent has paid the agreed-to settlement amount of $7500.

Defendants (1)

• EJ Gallo Winery - LivingstonNamed in complaintNamed in settlement

Facilities (1)

• E&J GALLO WINERY

  18000 W RIVER RD, LIVINGSTON, CA, 95334

  Registry ID: 110072071031

Statutes cited

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

Enforcement conclusions (1)

• EJ Gallo Livingston CA CAA 112r7 RMP ESAentered 2013-08-02

  Primary law: CAA

  Federal penalty: $7,500

Timeline (4 milestones)

• 2013-08-02Complaint Filed/Proposed Order
• 2013-08-02Final Order Issued
• 2013-08-02Enforcement Action Closed
• 2013-08-08Enforcement Action Data Entered