EPA Fines Companies for Alleged Violations of Section 112(r) of the Clean Air Act Settlement Agreement

EPA Fines Companies for Alleged Violations of Section 112(r) of the Clean Air Act Settlement Agreement

September 30, 2024

EPA Fines Companies for Alleged Violations of Section 112(r) of the Clean Air Act Settlement Agreement

ATLANTA, Ga.(September 30, 2024) - During 2024, the U.S. Environmental Protection Agency reached multiple administrative settlement agreements with various companies, resolving allegations that the companies violated the Chemical Accident Prevention Provisions (CAPP) of Section 112(r)(7) of the Clean Air Act (CAA), and the regulations codified at 40 C.F.R. Part 68, commonly referred to as the Risk Management Program (RMP). Non-compliance was alleged against the companies after EPA conducted inspections at their facilities located in EPA's Southeast Region.

The objective of the CAA 112(r)(7) CAPP and RMP is to prevent accidental releases of extremely hazardous substances and to minimize the consequences of those releases that do occur. Accidental releases of extremely hazardous substances can have serious consequences on public health, safety, and the environment.

"These settlements emphasize the importance for facilities to control and minimize the risks associated with hazardous substances," said Keriema Newman, Director of the Enforcement and Compliance Assurance Division in EPA's Southeast Region. "Maintaining equipment and instituting procedures, including those for emergency preparedness, are necessary factors to protect human health and the environment."

The Kroger Company - On April 11, 2024, a Consent Agreement and Final Order (CAFO) was filed regarding The Kroger Co., doing business as Heritage Farms Dairy, located in Murfreesboro, Tennessee. The CAFO resolves alleged RMP violations that were identified regarding the facility's ammonia refrigeration plant during an EPA inspection conducted in December 2021. The CAFO requires the company to pay a penalty of $7,309 and spend at least $32,015 to complete an emergency planning and preparedness supplemental environmental project, consisting of the purchase and donation of emergency response equipment to the Murfreesboro Fire Rescue Department.

Kroger Memphis Distribution Center - On April 18, 2024, an Expedited Settlement Agreement (ESA) was filed regarding the Kroger Memphis Distribution Center located in Memphis, Tennessee. The ESA resolves alleged RMP violations that were identified during an EPA inspection conducted in October 2022, regarding the facility's ammonia refrigeration process used for cold food storage. The ESA requires the company to pay a penalty of $3,300.

Blue Bell Creameries - An ESA was filed on June 13, 2024, in the matter of Blue Bell Creameries located in Sylacauga, Alabama, to settle alleged RMP violations. The settlement required the respondent to come into compliance and to pay a civil penalty of $8,200.

DPC Enterprises, L.P. - On July 8, 2024, a CAFO was filed regarding DPC Enterprises, L.P., located in Mobile, Alabama. The CAFO resolves alleged RMP violations that were identified at the facility's compressed gas repacking plant during an EPA inspection conducted in March 2023. The CAFO requires the company to pay a penalty of $5,022.

Koch Foods of Mississippi, LLC - On July 8, 2024, an ESA was filed regarding Koch Foods of Mississippi, LLC located in Morton, Mississippi. The ESA resolves alleged RMP violations that were identified during an EPA inspection conducted in September 2023, regarding the facility's ammonia refrigeration process used for cold food storage. The ESA requires the company to pay a penalty of $1,500.

SFC Global Supply Chain, Inc. - On July 8, 2024, a CAFO was filed regarding SFC Global Supply Chain, Inc., located in Florence, Kentucky. The CAFO resolves alleged RMP violations that were identified regarding the facility's ammonia refrigeration plant during an EPA inspection conducted in August 2022. The CAFO requires the company to pay a penalty of $13,066 and spend at least $48,996 to complete an emergency planning and preparedness supplemental environmental project, consisting of the purchase and donation of emergency response equipment to the Florence Fire/EMS Department.

Airgas USA, LLC - On August 26, 2024, a CAFO was filed regarding Airgas USA, LLC located in Hopkinsville, Kentucky. The CAFO resolves alleged Clean Air Act Section 112(r)(7) RMP violations that were identified regarding the facility's ammonia refrigeration plant during an EPA inspection conducted in July 2022. The CAFO requires the company to pay a penalty of $8,025.40 and spend at least $33,518.25 to complete an emergency planning and preparedness supplemental environmental project, consisting of the purchase and donation of emergency response equipment to the Hopkinsville Fire Department.

For more information about RMP requirements, please visit EPA's webpage on RMP.

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