EPA v. CAPE SEAFOODS INC

Case summary

On September 27, 2019, Region 1 settled an administrative case with Cape Seafoods, Inc. to resolve violations of the chemical accident prevention provisions of Section 112(r) of the Clean Air Act (CAA), 42 U.S.C. Sec 7412(r) and three violations of Section 312 of EPCRA, 42 U.S.C. Sec 11022. The alleged violations relate to the design and operation of the ammonia cooling system at a seafood processing facility in Gloucester, Massachusetts as well as the failure to submit accurate EPCRA Tier II reporting for the quantity of ammonia present at the facility. The settlement requires the facility to achieve key safety measures within 120 days, pay a $30,000 penalty and certify compliance with the General Duty Clause. Within two years, the facility will pump-down the ammonia from its system. If the facility is found, consistent with the Region's conclusion and the facility's past practice, to be operating above the 10,000-pound RMP threshold, Respondent will need to file a new Risk Management Plan.

Defendants (1)

• Cape Seafoods Inc.Named in complaintNamed in settlement

Facilities (1)

• CAPE SEAFOODS INC

  3 STATE FISH PIER, GLOUCESTER, MA, 01930

  Registry ID: 110070044832

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)

• CAPE SEAFOODS INCentered 2019-09-27

  Primary law: CAA

  Federal penalty: $30,000

Timeline (3 milestones)

• 2019-09-27Final Order Issued
• 2019-09-27Complaint Filed/Proposed Order
• 2019-09-30Enforcement Action Data Entered