EPA v. COLD STORAGE SOLUTIONS

Case summary

This settlement resolves violations of the General Duty Clause of the CAA and EPCRA Section 312 from four related administrative actions: In re: Cold Storage Solutions, Inc., Docket Nos. CAA-01-2013-0061, EPCRA-01-2013-0062 In re: Cold Storage Solutions I, Inc., Docket No. CAA-01-2013-0063 In re: Cold Storage Solutions II, Inc., Docket Nos. CAA-01-2013-0065, EPCRA-01-2013-0066 In re: Cold Storage Solutions III, Inc., Docket Nos. CAA-01-2013-0067, EPCRA-01-2013-0068. After inspecting the four cold storage warehouse facilities in Lakeville, MA, EPA determined that Respondents had each violated the General Duty Clause of the Clean Air Act because, contrary to industry standards for ammonia refrigeration systems of their sizes (which range from 5,000–9,000 pounds of ammonia), Respondents did not: identify hazards at the facilities using recognized hazard assessment techniques; maintain documentation about the refrigeration systems that was sufficient for Respondents to safely operate the systems; appropriately label and mark refrigeration system components and other aspects of the facilities; employ adequate basic safety practices; have adequate emergency design and mechanisms in place; and develop and implement up-to-date emergency response plans. Further, a release of ammonia occurred at one of the facilities while EPA inspectors were there, requiring an evacuation. Additionally, three of the Respondents (CSS, CSSII, and CSSIII) failed to submit EPCRA Section 312 “Tier II” chemical inventory forms for ammonia and sulfuric acid for the years 2008, 2009, and 2010. The serttlement requires Respondents to pay a civil penalty of $108,000 and to perform supplemental environmental projects (“SEPs”) that will cost Respondents at least $346,802. This settlement is designed to reduce the likelihood of a release of anhydrous ammonia from Respondents’ four facilities and to limit the severity of any ammonia release that might occur by requiring Respondents to install various protective features and equipment at the facilities. The settlement is also designed to enhance emergency response capabilities in the communities surrounding the facilities by requiring Respondents to provide equipment to local and regional first responders, thereby improving the safety of responding personnel and the community and the health of the environment.

Defendants (1)

• COLD STORAGE SOLUTIONSNamed in complaintNamed in settlement

Facilities (1)

• COLD STORAGE SOLUTIONS INC

  230 KENNETH WELCH DRIVE, LAKEVILLE, MA, 02347

  Registry ID: 110045459874

Statutes cited

• EPCRA 312 — Emergency and Hazardous Chemical Inventory Forms
• CAA 112[R][1] — Prevention of Accidental Release/General Duty Clause

Enforcement conclusions (1)

• COLD STORAGE SOLUTIONSentered 2014-05-15

  Primary law: CAA

  Federal penalty: $108,000 · SEP: $345,759

Timeline (3 milestones)

• 2012-02-28Enforcement Action Data Entered
• 2013-09-30Complaint Filed/Proposed Order
• 2014-05-15Final Order Issued