EPA v. CONNECTICUT FREEZERS (MARITIME INT'L)

Case summary

On December 1, 2022, Region 1 settled administrative penalty action against Maritime International, Inc. and Connecticut Freezers, Inc. (collectively, Maritime) alleging violations of Section 112(r)(1) of the Clean Air Act (CAA), known as the General Duty Clause, and Section 312 of the Emergency Planning and Community Right-To-Know Act (ECPRA) at their East Hartford, Connecticut (CAA-01-2023-0007, EPCRA-01-2023-0008) cold storage warehouse and distribution facility, which use ammonia refrigeration systems. In July 2018, approximately 3,200 pounds of ammonia were released from a cracked pump in their New Bedford facility's machinery room. Subsequent EPA inspections of the New Bedford and East Hartford facilities revealed several dangerous conditions relating to the ammonia refrigeration system, which constituted violations of the General Duty Clause. The inspections also revealed that Maritime had not been filing EPCRA Tier 2 reports. The CAFO alleges that Maritime failed to (1) design and maintain a safe facility, taking such steps as are necessary to prevent such releases; (2) minimize the consequences of accidental releases, should they occur; and (3) timely submit a Tier 2 chemical inventory report to the fire department, State Emergency Response Commission, and Local Emergency Planning Commission. Examples of dangerous conditions observed include, for example, the failure to provide impact protection and adequate supports for piping and equipment, to provide self-closing valves to prevent ammonia from escaping during oil draining, to regularly test and calibrate ammonia detectors, to address areas of breached insulation and corrosion, to replace expired pressure relief valves, and to provide adequate ventilation, emergency shutdown and ventilation buttons, adequate signage/labeling, audible/visual alarms, panic hardware on machinery room doors, an adequate Emergency Response Plan, and eyewash/safety shower units inside the machinery room. The New Bedford facility CAFO requires Respondents to pay a cash settlement penalty of $46,775. The New Bedford CAFO also includes the following supplemental environmental projects: (a) beyond compliance facility improvement projects that will make two of Respondents' New Bedford ammonia refrigeration facilities safer, and (b) an emergency response equipment donation project. The East Hartford facility CAFO requires Respondents to pay a cash settlement penalty of $149,000 and includes an ammonia emergency response training project for local first responders in the East Hartford community. Based on a review of EPA's EJSCREEN application, both facilities are located in areas of Environmental Justice concern. The CAA S 112(r) and EPCRA programs are not delegated to either state, but EPA has informed the states of the settlements.

Defendants (2)

• Hartford Freezers, Inc.Named in complaintNamed in settlement
• Maritime International, Inc.Named in complaintNamed in settlement

Facilities (1)

• HARTFORD FREEZERS

  241 PARK AVENUE, EAST HARTFORD, CT, 06108

  Registry ID: 110054081186

Statutes cited

• EPCRA 312 — Emergency and Hazardous Chemical Inventory Forms
• CAA 112[R][1] — Prevention of Accidental Release/General Duty Clause

Enforcement conclusions (1)

• HARTFORD FREEZERS (MARITIME INT'L)entered 2022-12-01

  Primary law: CAA

  Federal penalty: $149,000 · SEP: $11,000

Timeline (3 milestones)

• 2022-12-01Complaint Filed/Proposed Order
• 2022-12-01Final Order Issued
• 2022-12-02Enforcement Action Data Entered