EPA v. KAYEM FOODS INC

Case summary

EPA Region 1 referred to the Department of Justice a civil judicial action against Kayem Foods, Inc. Kayem Foods operates a meat processing facility in Chelsea, Massachusetts. The facility has an industrial refrigeration system that uses ammonia as a refrigerant. Ammonia is an extremely hazardous substance subject to the Risk Management Plan (RMP) regulations promulgated under Section 112(r) of the Clean Air Act. Kayem also uses industrial cleaning solutions at the facility that contain three chemicals (sodium hydroxide, sodium hypochlorite, potassium hydroxide) that are reportable under the hazardous chemical requirements of Section 312 of Emergency Planning and Community-Right-to-Know Act (?EPCRA?). The proposed action addresses nine RMP violations and one EPCRA Section 312 violation for Reporting Year 2013. EPA is seeking injunctive relief to obtain compliance with the RMP regulations and a penalty of $313,510. Complying with RMP regulations helps companies prevent accidental releases of extremely hazardous substances and helps the company and emergency responders prepare for and respond to chemical emergencies. Compliance with EPCRA ensures that the community and emergency responders are not deprived of their right to know about the presence of chemicals in the neighborhood that may affect public health and the environment. On July 11, 2019, the federal District Court of Massachusetts entered a Stipulation of Settlement resolving alleged violations by Kayem Foods, Inc. Kayem Foods, a meat processor located in Chelsea, Massachusetts, has an industrial refrigeration system that uses ammonia as a refrigerant. Ammonia is an extremely hazardous substance subject to the Risk Management Plan (RMP) regulations promulgated under Section 112(r) of the Clean Air Act. The Stipulation of Settlement will resolve claims that Kayem Foods violated seven RMP requirements. The settlement requires a monetary penalty of $138,281.

Defendants (1)

• Kayem Foods, Inc.Named in complaintNamed in settlement

Facilities (2)

• KAYEM FOODS INC.

  75 ARLINGTON STREET, CHELSEA, MA, 02150

  Registry ID: 110024360706

• KAYEM FOODS INC.

  75 ARLINGTON STREET, CHELSEA, MA, 02150

  Registry ID: 110024360706

Statutes cited

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

Enforcement conclusions (1)

• KAYEM FOODS INCentered 2019-07-11

  Primary law: CAA

  Federal penalty: $138,281

Timeline (6 milestones)

• 2017-09-27Referred To Dept Of Justice
• 2017-09-28Enforcement Action Data Entered
• 2019-05-16Final Order Lodged
• 2019-05-16Complaint Filed With Court
• 2019-07-11Final Order Entered
• 2019-08-10Enforcement Action Closed