EPA v. ASSOCIATED GROCERS OF NEW ENGLAND INC

Case summary

Associated Grocers operates a large refrigerated warehouse at 11 Cooperative Way in Pembroke, New Hampshire ( the Facility ). The Facility stores food products. The Facility uses anhydrous ammonia in its refrigeration system to provide cooling and freezing capabilities. On May 22, 2012, EPA conducted an inspection of the Facility. During the inspection, EPA identified several deficiencies in the Program Level 3 Prevention Program, including failure to assign a qualified person with overall responsibility for its RMP, failure to timely certify operating procedures, failure to conduct initial and refresher operator training, and failure to maintain the Facility in compliance with certain recognized and generally accepted good engineering practices in violation of Section 112(r) of the CAA, 42 U.S.C. Section 7412(r), and its implementing regulations at 40 C.F.R. Part 68. The ESA requires the Respondent to certify that it has come into ocompliance and to pay a monetary penalty of $9,300.

Defendants (1)

• ASSOCIATED GROCERS OF NEW ENGLAND INCNamed in complaintNamed in settlement

Facilities (1)

• ASSOCIATED GROCERS OF NEW ENGLAND

  11 COOPERATIVE WAY, PEMBROKE, NH, 03275

  Registry ID: 110024424489

Statutes cited

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

Enforcement conclusions (1)

• ASSOCIATED GROCERS OF NEW ENGLAND INCentered 2014-09-16

  Primary law: CAA

  Federal penalty: $9,300

Timeline (4 milestones)

• 2014-09-16Enforcement Action Closed
• 2014-09-16Final Order Issued
• 2014-09-16Complaint Filed/Proposed Order
• 2014-09-18Enforcement Action Data Entered