EPA v. MCCAIN FOODS USA INC

Case summary

On August 17, 2018, Region 1 filed a Consent Agreement and Final Order (CAFO) that simultaneously initiated and settled a Clean Air Act/Risk Management Program (RMP) and EPCRA enforcement action against McCain Foods USA, Inc. McCain produces frozen potato products at a facility located in Easton, Maine. Respondent uses anhydrous ammonia in two separate refrigeration processes at the facility and stores more than the RMP threshold quantity of ammonia (10,000 pounds). The CAFO requires McCain to pay a civil penalty of $225,000 as well as to provide a description of a plan/process to provide notification to nearby Amish residents of an emergency at the facility that could adversely affect such residents. Region 1 had alleged that McCain had violated several requirements of the CAA?s Risk Management Program and that McCain also filed an incomplete CY2013 Tier II form. EPCRA and CAA ? 112(r) are not state-delegated programs. However, EPA coordinated with the Maine SERC on this matter, and EPA will share news of this settlement with the State and local fire departments

Defendants (1)

• McCain FoodsNamed in complaintNamed in settlement

Facilities (1)

• MCCAIN FOODS

  319 RICHARDSON ROAD, EASTON, ME, 04740-4056

  Registry ID: 110070690220

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)

• MCCAIN FOODSentered 2018-08-17

  Primary law: CAA

  Federal penalty: $225,000

Timeline (3 milestones)

• 2018-08-17Complaint Filed/Proposed Order
• 2018-08-17Final Order Issued
• 2018-08-21Enforcement Action Data Entered