EPA v. PENOBSCOT MCCRUM LLC

Case summary

On April 1, 2016, EPA settled an administrative case with Penobscot McCrum, LLC to resolve violations of the chemical accident prevention provisions of Section 112(r) of the Clean Air Act (CAA), 42 U.S.C. ? 7412(r), and the Risk Management Plan (RMP) regulations promulgated thereunder at 40 C.F.R. Part 68. The alleged violations relate to the design and operation of the company?s ammonia refrigeration system at its potato processing facility located in Belfast, Maine. The settlement requires the payment of a $60,500 penalty, compliance conditions for the facility?s emergency response program to ensure that trained responders are available to respond to ammonia releases in a timely manner, and the performance of two Supplemental Environmental Projects (SEPs). The Emergency Response Equipment SEP will improve the Belfast Fire Department?s and Maine Department of Environmental Protection?s abilities to detect and safely respond to releases of ammonia and other toxic substances. The Facility Safety Upgrades SEP will provide enhanced ammonia detection systems, alarm systems, and security systems to assist with the early identification of ammonia releases and early notification to local authorities, employees at the facility, and the local population surrounding the facility. The estimated total cost of the SEPs is $83,400. Respondent is not required to perform the SEPs by any federal, state, or local law or regulation. The second SEP might qualify as a Next Generation compliance project.

Defendants (1)

• Penobscot McCrum LLCNamed in complaintNamed in settlement

Facilities (1)

• PENOBSCOT MCCRUM, LLC

  32 PIERCE STREET, BELFAST, ME, 04915

  Registry ID: 110023011220

Statutes cited

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

Enforcement conclusions (1)

• PENOBSCOT MCCRUM LLCentered 2016-04-01

  Primary law: CAA

  Federal penalty: $60,500 · SEP: $82,900

Timeline (3 milestones)

• 2015-09-30Complaint Filed/Proposed Order
• 2016-04-01Final Order Issued
• 2016-04-05Enforcement Action Data Entered