EPA v. BARBER FOODS (MILLIKEN ST.)

Case summary

On September 28, 2022, EPA settled an administrative case with Barber Foods LLC (a subsidiary of Tyson Foods) to resolve violations of the chemical accident prevention provisions of Section 112(r) of the Clean Air Act (CAA), 42 U.S.C. S 7412(r), and the Risk Management Plan (RMP) regulations promulgated thereunder at 40 C.F.R. Part 68. The alleged violations relate to the design and maintenance of the ammonia refrigeration system at two of the company's facilities in Portland, Maine. Complying with RMP regulations helps companies prevent accidental releases of extremely hazardous substances. The RMP requirements also help companies and emergency responders prepare for and respond to chemical emergencies. While EPA implements the RMP requirements directly in Maine, EPA notified the State regarding the settlement upon filing. The two settlements require a total payment of a $300,000 penalty.

Defendants (1)

• Barber Foods LLCNamed in complaintNamed in settlement

Facilities (1)

• BARBER FOODS

  56 MILLIKEN STREET, PORTLAND, ME, 04102

  Registry ID: 110023013629

Statutes cited

• CAA 112[R][7] — Prevention of Accidental Release/Risk Management Plans (RMPs)

Enforcement conclusions (1)

• BARBER FOODS (MILLIKEN ST.)entered 2022-09-28

  Primary law: CAA

  Federal penalty: $149,000

Timeline (3 milestones)

• 2022-09-28Final Order Issued
• 2022-09-28Complaint Filed/Proposed Order
• 2022-09-29Enforcement Action Data Entered