The Facility is a frozen food storage and distribution facility, which contains anhydrous ammonia refrigeration equipment. On September 15, 16 and 20, 2011 , EPA conducted inspections (“the 2011 Inspections”) at the Facility to determine compliance with Section 112(r) of the Act, 42 U.S.C. § 7412(r). The 2011 Inspections revealed a number of safety concerns regarding the physical state of the anhydrous ammonia refrigeration equipment, which created the potential for an accidental release of anhydrous ammonia and/or that could increase and/or exacerbate the harmful effects of such a release.
At the time of the 2011 Inspections, Respondent subleased the Facility from Commonwealth Cold Storage, Inc. Commonwealth Cold Storage, Inc. had a principal lease agreement with Caparra Realty Associates, LLC. On September 23, 2011, Complainant issued a Compliance Order to Respondent, and also to Commonwealth Cold Storage, Inc. and Caparra Realty Associates, LLC (“the Order”) pursuant to Section 113 of the Act regarding the Facility. The Order required these parties to perform certain activities at the Facility including the performance of repairs to the ammonia equipment. Respondent has a general duty, pursuant to Section 112(r)(l) of the Act, to:
- identify hazards which may result from accidental releases of a regulated substance or other extremely hazardous substance, using appropriate hazard assessment techniques,
- design and maintain a safe facility taking such steps as are necessary to prevent releases, and
- minimize the consequences of accidental releases which do occur.
Respondent failed to satisfy the general duty referred to above, in that, among other things, at the time of the 2011 Inspections, Respondent did not identify hazards which may result from accidental releases of a regulated substance, design and maintain a safe facility taking such steps as are necessary to prevent releases of a regulated substance, and did not minimize the consequences of accidental releases. Therefore, Respondent violated the provisions of Section 112(r)(l) of the Clean Air Act, 42 U.S.C. § 7412(r)(l). Respondent is therefore subject to the assessment of penalties under Section 113(d) of the Act, 42 U.S.C. § 7413(d).
Respondent agrees to pay a civil penalty in the total amount of fifty five thousand five hundred and thirty seven dollars ($55,537.00), as described below.
CLICK HERE (pdf) for the agreement.