EPA v. BOZZUTOS INC

Case summary

EPA Region 1 reached a $124,181 settlement with Bozzuto’s, Inc. to resolve violations of Clean Air Act Section 112(r)'s chemical accident prevention requirements at the company's North Haven, CT cold storage warehouse. The warehouse's refrigeration system uses ammonia as a refrigerant. Specifically, Bozzuto’s failed to (a) adequately address hazards in its Program 3 Hazard Analysis; (b) comply with Program 3 operating procedures requirements; (c) comply with Program 3 training requirements; (d) comply with Program 3 mechanical integrity requirements, including failing to fix breached vapor barriers on ammonia piping, failure to address corrosion, and failure to test and calibrate ammonia detectors; (e) comply with Program 3 safety information requirements; (f) comply with Program 3 compliance audit requirements; and (g) have an adequate emergency response program, in violation of Section 112(r) of the Clean Air Act and implementing regulations. Following the EPA inspection, which identified these violations, Bozzuto’s took action to bring its North Haven cold storage warehouse into compliance. Among other things, Bozutto’s spent $52,661 to install an ammonia detection system with more detection points than required as well as a computerized automatic shut-down control system. Bozzuto’s is a wholesale grocery distribution company that operates cold storage facilities in North Haven, CT; Cheshire, CT and Allentown, PA.

Defendants (1)

• BOZZUTOS INCNamed in complaintNamed in settlement

Facilities (2)

• BOZZUTO'S INC WAREHOUSE DISTRIBUTION FACILITY

  275 SCHOOLHOUSE RD, CHESHIRE, CT, 06410

  Registry ID: 110062639186

• BOZZUTO'S INC NORTH HAVEN FACILITY

  400 NORTH FRONTAGE ROAD, NORTH HAVEN, CT, 06473-3620

  Registry ID: 110038367157

Statutes cited

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

Enforcement conclusions (1)

• BOZZUTOS INCentered 2014-09-16

  Primary law: CAA

  Federal penalty: $124,181

Timeline (3 milestones)

• 2013-10-30Enforcement Action Data Entered
• 2014-09-15Complaint Filed/Proposed Order
• 2014-09-16Final Order Issued