EPA v. PIONEER VALLEY REFRIGERATED WAREHOUSE dba PIONEER COLD

Case summary

EPA inspected the Pioneer Cold facility and determined that Pioneer Cold had violated the RMP regulations of the Clean Air Act with respect to one or both of the ammonia refrigeration processes by: failing to comply with RMP management requirements; failing to accurately evaluate offsite consequences in release scenarios; failing to adequately identify, evaluate, and control hazards; failing to comply with safety information, operating procedures, training, mechanical integrity, compliance audit, and contractor requirements; and failing to have an adequate emergency response program. At the time of inspection, the Pioneer Cold facility included two ammonia refrigeration processes (containing approximately 10,400 and 13,000 pounds of ammonia). The facility is located near other stores and businesses, in areas with the potential for environmental justice concerns FINAL ORDER: This settlement resolves violations of Section 112(r) of the Clean Air Act and the risk management program (?RMP?) regulations, found at 40 C.F.R. Part 68, by Pioneer Valley Refrigerated Warehouse, Inc., d/b/a/ Pioneer Cold, in its handling of anhydrous ammonia at its Chicopee, Massachusetts cold storage warehouse. The alleged violations include: 1. Failure to comply with RMP management requirements; 2. Failure to accurately evaluate offsite consequences in release scenarios; 3. Failure to adequately identify, evaluate, and control hazards; 4. Failure to comply with safety information requirements; 5. Failure to comply with Program 3 operating procedures requirements; 6. Failure to comply with Program 3 training requirements; 7. Failure to comply with Program 3 mechanical integrity requirements; 8. Failure to comply with Program 3 compliance audit requirements; 9. Failure to comply with Program 3 contractor requirements; and 10. Failure to have an adequate emergency response program. The CAFO includes payment of a civil penalty of $41,000 and requires Respondents to perform multiple supplemental environmental projects (?SEPs?) that will cost Respondents approximately $322,100. The SEPs are designed to reduce the likelihood of a release of anhydrous ammonia occurring, and to limit the severity of any ammonia release that might occur, from Respondent?s facility. The SEPs are also designed to enhance emergency response capabilities in the area surrounding the Facility, thereby improving the safety of responding personnel and the community. .

Defendants (1)

• PIONEER VALLEY REFRIGERATED WAREHOUSENamed in complaintNamed in settlement

Facilities (1)

• PIONEER VALLEY REFRIGERATED WAREHOUSE

  149 PLAINFIELD STREET, CHICOPEE, MA, 01013

  Registry ID: 110000554114

Statutes cited

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

Enforcement conclusions (1)

• PIONEER VALLEY REFRIGERATED WAREHOUSE dba PIONEER COLDentered 2015-07-16

  Primary law: CAA

  Federal penalty: $41,000 · SEP: $322,100

Timeline (3 milestones)

• 2015-07-16Complaint Filed/Proposed Order
• 2015-07-16Enforcement Action Data Entered
• 2015-07-16Final Order Issued