EPA v. BUCKINGHAM BROWNE NICHOLS

Case summary

On July 14, 2021, EPA Region 1 entered into an Expedited Settlement Agreement (ESA) with Buckingham Brown & Nichols School of Cambridge, Massachusetts, 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: 1) hired an expert to complete a Process Hazard Review, 2) coordinated with local emergency responders, 3) filed any missing Tier II forms, and 4) 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. According to EPA's EJ Screen application, the Facility is located (within a quarter mile of areas in which the following EJ Indices or key demographic variables are at or above the 80th percentile nationally: diesel particulate matter, traffic, lead paint, RMP facilities, hazardous waste facilities, wastewater discharge, and percentage of people of color. Massachusetts is not delegated to implement this program.

Defendants (1)

• Buckingham Browne & Nichols SchoolNamed in complaintNamed in settlement

Facilities (1)

• BUCKINGHAM BROWNE & NICHOLS SCHOOL

  80 GERRYS LANDING ROAD, CAMBRIDGE, MA, 02138

  Registry ID: 110022644192

Statutes cited

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

Enforcement conclusions (1)

• BUCKINGHAM BROWNE NICHOLSentered 2021-07-14

  Primary law: CAA

  Federal penalty: $5,000

Timeline (4 milestones)

• 2021-07-14Enforcement Action Data Entered
• 2021-07-14Complaint Filed/Proposed Order
• 2021-07-14Enforcement Action Closed
• 2021-07-14Final Order Issued