EPA v. UNITED NATURAL FOODS INC

Case summary

On Jan. 26, 2023, EPA Region 1 entered into an Expedited Settlement Agreement (ESA) with United Natural Foods, Inc. (Brattleboro, Vermont), 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. Vermont 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 any of the EJ Indices or key demographic variables are at or above the 80th percentile nationally.

Defendants (1)

• United Natural Foods, Inc.Named in complaintNamed in settlement

Facilities (1)

• UNITED NATURAL FOODS INC (FOR NORTHEAST COOPERATIVES)

  90 TECHNOLOGY DRIVE, BRATTLEBORO, VT, 05304

  Registry ID: 110006530655

Statutes cited

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

Enforcement conclusions (1)

• UNITED NATURAL FOODS INCentered 2023-01-26

  Primary law: CAA

  Federal penalty: $5,000

Timeline (3 milestones)

• 2023-01-26Final Order Issued
• 2023-01-26Complaint Filed/Proposed Order
• 2023-01-27Enforcement Action Data Entered