EPA v. ANHEUSER-BUSCH MERRIMACK BREWERY (NC)

Case summary

On June 2, 2023, Regions 1, 8, and 9 entered into a Consent Agreement and Final Order (CAFO) with Anheuser-Busch, LLC (Anheuser) to settle violations of Section 112(r) of the Clean Air Act (CAA). The CAFO also alleges a violation of Section 304 of the Emergency Planning and Community Right-to-Know Act (EPCRA) at the Region 8 facility. A Region 1 inspection of Anheuser's brewing facility in Merrimack, New Hampshire revealed that Anheuser had failed to document that its ammonia refrigeration equipment complied with recognized and generally applicable good engineering practices, in violation of CAA Section 112(r)(7) and the implementing regulations at 40 C.F.R. ? 68.65(d)(2) and (3). The Merrimack facility also failed to comply with the mechanical integrity requirements of CAA Section 112(r)(7) set forth at 40 C.F.R. ? 68.73(e). Anheuser will pay a total penalty of $537,000 and perform a detailed audit of all eleven of its facilities subject to the risk management program requirements of Section 112(r) of the CAA to evaluate their compliance with Standards 6 and 9 of the International Institute of Ammonia Refrigeration. The CAA Section 112(r) program, which is implemented and enforced only by EPA, helps to prevent the accidental release of hazardous chemicals. EPA's EJSCREEN mapping tool indicates that the facility is not located in an area of potential EJ concern nationally. However, the surrounding community does fall at or above the 80th percentile in the State for several EJ indices. EPA has notified the State of New Hampshire for the Region 1 facility.

Defendants (1)

• Anheuser-Busch, LLCNamed in complaintNamed in settlement

Facilities (1)

• ANHEUSER-BUSCH LLC

  221 DANIEL WEBSTER HIGHWAY, MERRIMACK, NH, 03054

  Registry ID: 110071198045

Statutes cited

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

Enforcement conclusions (1)

• ANHEUSER-BUSCH MERRIMACK BREWERY (NC)entered 2023-06-02

  Primary law: CAA

  Federal penalty: $138,224

Timeline (2 milestones)

• 2023-06-02Final Order Issued
• 2023-06-20Enforcement Action Data Entered