EPA v. UNITED NATURAL FOODS INC

Case summary

On June 15, 2020, Region 1 entered into an Expedited Settlement Agreement (ESA) with United Natural Foods, Inc. of Chesterfield, New Hampshire, resolving a violation of Section 112(r) of the Clean Air Act. This ESA is part of a nationally-approved compliance and enforcement pilot under the CAA 112(r) General Duty Clause, which is designed to ensure that small ammonia refrigeration facilities (< 10,000 pounds) have completed process hazard reviews of their systems. The ESA requires payment of a $5,000 penalty and certification that the company hired an expert to complete a Process Hazard Review, coordinated with local emergency responders, filed any missing Tier II forms, and provided EPA with a short statement about plans it has to improve safety at the facility as a result of conducting the Process Hazard Review. New Hampshire is not delegated to implement this program.

Defendants (1)

• United Natural Foods Inc.Named in complaintNamed in settlement

Facilities (1)

• UNITED NATURAL FOODS INC.

  71 STOW DRIVE, CHESTERFIELD, NH, 03443

  Registry ID: 110017724738

Statutes cited

• CAA 112[R][1] — Prevention of Accidental Release/General Duty Clause

Enforcement conclusions (1)

• UNITED NATURAL FOODS INCentered 2020-06-15

  Primary law: CAA

  Federal penalty: $5,000

Timeline (4 milestones)

• 2020-06-15Complaint Filed/Proposed Order
• 2020-06-15Final Order Issued
• 2020-06-17Enforcement Action Closed
• 2020-06-17Enforcement Action Data Entered