EPA v. ATLANTIC FISH AND SEAFOOD

Case summary

On June 8, 2023, EPA issued an administrative order on consent (AOC) to Gloucester Cold Storage, NSDJ Real Estate, LLC, and NSD Seafood Inc., collectively d/b/a Atlantic Fish and Seafood (Atlantic Fish), addressing violations of Section 112(r) of the Clean Air Act at its seafood processing and storage facility in Gloucester, Massachusetts. The facility includes two refrigeration systems which contain anhydrous ammonia. It is located alongside Gloucester's Inner Harbor in a densely populated and large residential area. It is within a half-mile of hundreds of homes, restaurants, and other businesses, an elementary school, at least two houses of worship, and has areas of potential EJ concern for multiple environmental indicators. The AOC requires Atlantic Fish to: 1) better identify ammonia piping so as to prevent an accident, which includes consistently color-coding and labeling all ammonia piping throughout the Facility and 2) correct deficiencies in the maintenance of ammonia pipes so as to prevent corrosion to the point of failure, which requires the following actions: inspecting the condition of deteriorating insulation and vapor barrier on piping, valves, and equipment throughout the Facility, removing excessive frost or ice buildup, removing any sections of insulation or vapor barrier that are in poor condition, conducting non-destructive testing on any underlying equipment and piping that shows signs of corrosion, and replacing missing or deteriorating vapor barrier and insulation after any underlying corrosion has been addressed. Massachusetts is not delegated to implement this program.

Defendants (3)

• NSD Seafood Inc., d/b/a Atlantic Fish and SeafoodNamed in complaintNamed in settlement
• Gloucester Cold Storage, Inc.Named in complaintNamed in settlement
• NSDJ Real Estate, LLCNamed in complaintNamed in settlement

Facilities (1)

• NSD SEAFOOD INC. DBA ATLANTIC FISH AND SEAFOOD

  159 EAST MAIN STREET, GLOUCESTER, MA, 01930

  Registry ID: 110003451853

Statutes cited

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

Enforcement conclusions (1)

• ATLANTIC FISH AND SEAFOODentered 2023-06-08

  Primary law: CAA

Timeline (3 milestones)

• 2023-06-08Final Order Issued
• 2023-06-08Complaint Filed/Proposed Order
• 2023-07-17Enforcement Action Data Entered