EPA v. JASPER WYMAN

Case summary

On August 4, 2023, EPA filed a signed a Consent Agreement and Final Order (CAFO) between Jasper Wyman & Son (Jasper Wyman) and EPA to resolve penalties for alleged violations of Clean Air Act (CAA) Section 112(r). The company is a major supplier of frozen wild blueberries that uses anhydrous ammonia in its refrigeration system. An EPA inspection revealed that the company had violated many risk management program (RMP) requirements of 40 C.F.R. Part 68 for two of its three refrigeration systems, and requirements of the CAA's General Duty Clause for a third refrigeration system having less than 10,000 lbs. of ammonia. This settlement now requires payment of a civil penalty of $73,490, certification of compliance with the 40 C.F.R. Part 68 provisions violated, and performance of an Emergency Planning and Preparedness Supplemental Environmental Project (SEP) estimated to cost $65,000. The CAA 112(r) requirements are directly implemented by EPA in New England. EPA notified the State upon settlement. Additionally, the Maine Emergency Management Agency was consulted on the SEP. Using the new supplemental EJ indices, the facility is in an area of national EJ concern, with two EJ indices over the 80% national percentile.

Defendants (1)

• Jasper Wyman & SonNamed in complaintNamed in settlement

Facilities (3)

• JASPER WYMAN & SON

  178 MAIN STREET, CHERRYFIELD, ME, 04622

  Registry ID: 110007273501

• JASPER WYMAN & SON

  178 MAIN STREET, CHERRYFIELD, ME, 04622

  Registry ID: 110007273501

• JASPER WYMAN & SON

  178 MAIN STREET, CHERRYFIELD, ME, 04622

  Registry ID: 110007273501

Statutes cited

• CAA 112[R][1] — Prevention of Accidental Release/General Duty Clause
• CAA 112[R][7] — Prevention of Accidental Release/Risk Management Plans (RMPs)

Enforcement conclusions (1)

• JASPER WYMANentered 2023-08-04

  Primary law: CAA

  Federal penalty: $73,490 · SEP: $65,000

Timeline (3 milestones)

• 2023-08-04Complaint Filed/Proposed Order
• 2023-08-04Final Order Issued
• 2023-08-16Enforcement Action Data Entered