EPA v. PERFORMANCE FOODSERVICE DIVISION OF PERFORMANCE FOOD GROUP INC

Case summary

On March 22, 2017, Region 1 entered into a Consent Agreement and Final Order (CAFO) with Respondent for alleged violations of the CAA and EPCRA, including failure to file a Risk Management Plan, at its facility located in Springfield, Massachusetts. Respondent operates a food distribution and refrigeration warehouse facility that uses anhydrous ammonia in its refrigeration system. Under the super CAFO, which will simultaneously commence and conclude this administrative penalty action, Respondent will pay a cash penalty of $184,717. The CAFO resolves claims that Respondent violated Section 112(r) of the CAA in its handling of anhydrous ammonia at its facility and violated Section 312 of EPCRA for failing to report lead contained in lead-acid batteries on its Tier 2 Inventory Forms. Under the CAFO, Respondent also certifies that its nine other facilities nationwide are following industry standards for ammonia inventory calculations, have filed RMPs for those facilities that have over 10,000 pounds of ammonia in covered processes, and that it is reviewing these facilities to ensure that bare minimum safety measures have been met at these facilities. According to EJ Screen, the Springfield facility is located in an area of potential Environmental Justice (EJ) interest. NEI ? Reducing Risks of Accidental Releases at Industrial and Chemical Facilities.

Defendants (1)

• Performance Food Service Division of PFGNamed in complaintNamed in settlement

Facilities (1)

• PERFORMANCE FOODSERVICE DIVISION OF PERFORMANCE FOOD GROUP INC

  1 PERFORMANCE BOULEVARD, SPRINGFIELD, MA, 01104-3262

  Registry ID: 110070044800

Statutes cited

• CAA 112[R][7] — Prevention of Accidental Release/Risk Management Plans (RMPs)
• EPCRA 312 — Emergency and Hazardous Chemical Inventory Forms
• CAA 112[R][1] — Prevention of Accidental Release/General Duty Clause

Enforcement conclusions (1)

• PERFORMANCE FOODSERVICE DIVISION OF PERFORMANCE FOOD GROUP INCentered 2017-03-22

  Primary law: CAA

  Federal penalty: $184,717

Timeline (3 milestones)

• 2017-03-22Final Order Issued
• 2017-03-22Enforcement Action Data Entered
• 2017-03-22Complaint Filed/Proposed Order