EPA v. RBF FROZEN DESSERTS LLC

Case summary

Region 1 settled an administrative penalty action against RBF Frozen Desserts LLC (?RBF?) alleging violations of Section 112(r)(1) of the Clean Air Act (?CAA?) (specifically, violations of the General Duty Clause) and Sections 311 and 312 of the Emergency Planning and Community Right-to-Know Act (?EPCRA?) at its West Hartford, Connecticut facility. RBF produced ice cream and frozen desserts using an ammonia refrigeration system containing anhydrous ammonia. Specifically, with respect to the General Duty Clause, RBF failed to (1) identify hazards which may result from accidental releases of extremely hazardous substances; (2) design and maintain a safe facility, taking such steps as are necessary to prevent such releases; and (3) minimize the consequences of accidental releases, should they occur. RBF also violated Sections 311 and 312 of EPCRA and implementing regulations at 40 C.F.R. Part 370 by failing to timely submit material safety data sheets or chemical lists and a Tier 2 form to the proper authorities. The CAFO requires RBF to pay a civil penalty of $5,000, which reflects RBF?s limited ability to pay, to resolve liability for the CAA and EPCRA violations.

Defendants (1)

• RBF FROZEN DESSERTS LLC (SB)Named in complaintNamed in settlement

Facilities (1)

• RBF FROZEN DESSERTS

  240 PARK ROAD, WEST HARTFORD, CT, 06119

  Registry ID: 110060347691

Statutes cited

• EPCRA 311 — Material Safety Data Sheets (MSDS)
• EPCRA 312 — Emergency and Hazardous Chemical Inventory Forms
• CAA 112[R][1] — Prevention of Accidental Release/General Duty Clause

Enforcement conclusions (1)

• RBF FROZEN DESSERTS LLCentered 2017-03-07

  Primary law: CAA

  Federal penalty: $5,000

Timeline (3 milestones)

• 2016-09-30Complaint Filed/Proposed Order
• 2016-10-03Enforcement Action Data Entered
• 2017-03-07Final Order Issued