EPA v. ED BURNS ARENA

Case summary

On January 21, 2022, EPA Region 1 entered into an Expedited Settlement Agreement (ESA) with Ed Burns Arena, Town of Arlington (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 facility: 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. Massachusetts is not delegated to implement this program. According to EPA's EJ Screen application, the Facility is not located in or near areas in which the EJ Indices or key demographic variables are at or above the 80th percentile nationally.

Defendants (2)

• Arlington, Town ofNamed in complaintNamed in settlement
• Ed Burns ArenaNamed in complaintNamed in settlement

Facilities (1)

• ED BURNS ARENA

  422 SUMMER STREET, ARLINGTON, MA, 02476

  Registry ID: 110070717092

Statutes cited

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

Enforcement conclusions (1)

• ED BURNS ARENAentered 2022-01-21

  Primary law: CAA

  Federal penalty: $5,000

Timeline (4 milestones)

• 2022-01-21Enforcement Action Closed
• 2022-01-21Final Order Issued
• 2022-01-21Complaint Filed/Proposed Order
• 2022-01-24Enforcement Action Data Entered