EPA v. DEMAKES ENTERPRISES INC

Case summary

On August 9, 2017 Region 1 signed a Super Consent Agreement and Final Order (SuperCAFO) to resolve civil administrative penalty claims alleged against Demakes Enterprises, Inc. (Demakes) of Lynn, Massachusetts. The SuperCAFO addresses violations of the General Duty Clause (?GDC?) under Section 112(r)(1) of the Clean Air Act ( CAA ) and Section 312 of the Emergency Planning and Community Right-to-Know Act ( EPCRA ). Demakes operates a meat processing, cooking, packaging, and storage facility and sells products, in part, under the Thin 'n Trim and Old Neighborhood labels. An EPA inspection of the Demakes facility documented potentially dangerous conditions relating to its ammonia refrigeration processes. Demakes also failed to adequately report chemicals on its Reporting Year 2013 Tier II report. Since the inspection, the facility has come into compliance with both the CAA and EPCRA, investing over $300,000 in safety upgrades and compliance measures. The administrative action includes a penalty of $132,183 to resolve the violations alleged in this matter. This settlement is expected to encourage compliance by the regulated community with the CAA's GDC requirements to prevent potential harms relating to the operation of ammonia refrigeration systems. Enforcement of the reporting requirements of EPCRA will ensure that the community is not deprived of its right to know about chemical releases that may affect public health and the environment. The facility is located in a dense urban neighborhood of homes and businesses, an area of potential Environmental Justice interest that ranks at or above the 80th percentile of the census block groups nationwide for the following factors in the primary EJ index: PM 2.5, NATA Diesel PM, Major Direct Dischargers, NATA Air Toxics Cancer Risk, NATA Respiratory Hazard Index, Traffic Proximity and Volume, Lead Paint Indicator, Proximity to NPL sites, and Proximity to RMP sites. The state is not delegated to implement either Clean Air Act Section 112(r) or EPCRA.

Defendants (1)

• Demakes Enterprises IncNamed in complaintNamed in settlement

Facilities (1)

• DEMAKES ENTERPRISES

  37 WATERHILL ST, LYNN, MA, 019050000

  Registry ID: 110002014374

Statutes cited

• EPCRA 312 — Emergency and Hazardous Chemical Inventory Forms
• CAA 112[R][1] — Prevention of Accidental Release/General Duty Clause

Enforcement conclusions (1)

• DEMAKES ENTERPRISES INCentered 2017-08-09

  Primary law: CAA

  Federal penalty: $132,183

Timeline (3 milestones)

• 2017-03-02Complaint Filed/Proposed Order
• 2017-08-09Final Order Issued
• 2017-08-15Enforcement Action Data Entered