EPA v. FINICKY PET FOOD INC

Case summary

On September 25, 2018, Region 1 filed a Consent Agreement and Final Order that addresses alleged Clean Air Act violations of Finicky Pet Food, Inc. at the company?s pet food processing facility in New Bedford, Massachusetts. An EPA inspection found that Finicky Pet Food, Inc. failed to comply with the CAA General Duty Clause requirements in the company?s use of anhydrous ammonia, which requires owners and operators of facilities that produce, process, handle, or store extremely hazardous substances to identify hazards associated with the substances, design and maintain a safe facility, and minimize the consequences of accidental releases. Finicky Pet Food, Inc. also failed to submit chemical inventory forms containing data regarding anhydrous ammonia and sulfuric acid at the facility, as required by EPCRA Section 312. The settlement requires payment of a $89,140 penalty and an SEP to provide approximately $99,000 worth of emergency response equipment to local responders. The settlement also includes a separate Administrative Compliance Order that requires improvement of the facility?s ventilation system. The company has made about $200,000 of safety upgrades at the facility since the inspection. The General Duty Clause and EPCRA requirements are not delegated to the state, but EPA has provided copies of the CAFO and order to the state. The CAFO and AO are part of the Chemical Accident Risk Reduction National Compliance Initiative.

Defendants (1)

• Finiky Pet Food Inc.Named in complaintNamed in settlement

Facilities (1)

• FINICKY PET FOOD INC.

  68 BLACKMER STREET, NEW BEDFORD, MA, 02744

  Registry ID: 110045436355

Statutes cited

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

Enforcement conclusions (1)

• FINICKY PET FOOD INCentered 2018-09-25

  Primary law: CAA

  Federal penalty: $89,140 · SEP: $99,076

Timeline (3 milestones)

• 2018-09-25Complaint Filed/Proposed Order
• 2018-09-25Final Order Issued
• 2018-10-02Enforcement Action Data Entered