EPA v. BOTTLING GROUP LLC (PEPSI) AND CB MFG CO

Case summary

On September 25, 2023, EPA settled an administrative penalty action against Bottling Group, LLC operating as Pepsi Beverages Company, and CB Manufacturing Company, Inc. (Respondents) alleging violations of Section 112(r)(1) of the Clean Air Act (CAA), known as the General Duty Clause , at their Cranston, Rhode Island beverage manufacturing, bottling, warehousing, transport, and sales facility. The consent agreement and final order alleges that Respondents failed to minimize the consequences of a release with respect to the company's use of anhydrous ammonia in its refrigeration system. The deficiencies included, for example: failure to provide adequate audible/visual alarms; no emergency ventilation override switches located outside of and adjacent to the primary ammonia machinery room (AMR) door; and no eyewash/safety shower unit outside of the primary entrance door to the AMR. In settlement, the company will pay a $96,852 penalty and ensure that safety audits are conducted, pursuant to the International Institute of Ammonia Refrigeration's Standard 9, at each of the 14 facilities that uses anhydrous ammonia as a refrigerant in the Pepsi Beverages Company unincorporated division. The facility is located in an area of potential environmental justice concern. The CAA 112(r) program is not delegated to the State, but EPA has informed Rhode Island of the settlement.

Defendants (2)

• CB Manufacturing Company, Inc.Named in complaintNamed in settlement
• Bottling Group, LLC d/b/a Pepsi Beverages CompanyNamed in complaintNamed in settlement

Facilities (1)

• PEPSI BOTTLING GROUP

  1400 PONTIAC AVENUE, CRANSTON, RI, 02920

  Registry ID: 110000499327

Statutes cited

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

Enforcement conclusions (1)

• BOTTLING GROUP LLC (PEPSI) AND CB MFG COentered 2023-09-25

  Primary law: CAA

  Federal penalty: $96,852

Timeline (3 milestones)

• 2023-09-25Complaint Filed/Proposed Order
• 2023-09-25Final Order Issued
• 2023-10-04Enforcement Action Data Entered