EPA v. NORTHERN WIND

Case summary

On February 29, 2024, EPA settled an administrative penalty action against Northern Wind, LLC (Respondent) alleging violations of Section 112(r)(1) of the Clean Air Act (CAA), known as the General Duty Clause, and Section 312 of the Emergency Planning and Community Right to Know Act (EPCRA). These violations arise from Respondent's storage and use of anhydrous ammonia at its frozen seafood storage and distribution facility (Facility) in New Bedford, Massachusetts. Respondent violated the General Duty Clause by failing to conduct a process hazard review (PHR) for the ammonia used at its Facility. Respondent violated EPCRA Section 312 by failing to timely submit a Tier 2 reporting form for anhydrous ammonia stored at the Facility in calendar year 2019. The settlement requires Respondent to pay a civil penalty of $72,000. The Facility is located in an area of environmental justice concern. CAA 112r and EPCRA are direct implementation programs, but EPA has notified the Commonwealth of Massachusetts of the settlement.

Defendants (1)

• Northern Wind, LLCNamed in complaintNamed in settlement

Facilities (1)

• NORTHERN WIND INC

  75 MACARTHUR BLVD, NEW BEDFORD, MA, 02740-7212

  Registry ID: 110003427471

Statutes cited

• EPCRA 312 — Emergency and Hazardous Chemical Inventory Forms
• CAA 112R — General Duty/Accidental Release

Enforcement conclusions (1)

• NORTHERN WINDentered 2024-02-29

  Primary law: CAA

  Federal penalty: $72,000

Timeline (4 milestones)

• 2024-02-29Final Order Issued
• 2024-02-29Complaint Filed/Proposed Order
• 2024-03-11Enforcement Action Data Entered
• 2024-03-26Enforcement Action Closed