EPA v. ATLANTIC FISH AND SEAFOOD

Case summary

On May 9, 2024, Region 1 settled an administrative penalty action against Gloucester Cold Storage, NSDJ Real Estate, LLC, and NSD Seafood Inc., collectively d/b/a Atlantic Fish and Seafood (Atlantic Fish), alleging violations of Section 112(r) of the Clean Air Act at its seafood processing and storage facility in Gloucester, Massachusetts. The facility uses two refrigeration systems that contain anhydrous ammonia. The consent agreement and final order (CAFO) alleges that Atlantic Fish failed to design and maintain a safe facility, taking such steps as are necessary to prevent releases, and failed to minimize the consequences of accidental releases, should they occur. The facility is located alongside Gloucester?s Inner Harbor in a densely populated and large residential area, within a half-mile of hundreds of homes, restaurants, and other businesses, an elementary school, and at least two houses of worship. According to EPA?s EJSCREEN application, a worst-case release of ammonia from the facility could impact areas of potential EJ concern for multiple environmental indicators. The CAFO requires Atlantic Fish to pay a civil penalty of $25,000, complete compliance measures and perform two supplemental environmental projects (SEPs). The SEPs are expected to cost approximately $129,000 and include installing two ammonia pumps in the seafood processing side of the facility that are safer than that required for compliance and donating ammonia emergency response equipment to the Gloucester Fire Department. Massachusetts is not delegated to implement this program.

Defendants (3)

• NSDJ Real Estate, LLCNamed in complaintNamed in settlement
• Gloucester Cold StorageNamed in complaintNamed in settlement
• NSD Seafood Inc. d/b/a Atlantic Fish and SeafoodNamed 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 112R — General Duty/Accidental Release

Enforcement conclusions (1)

• ATLANTIC FISH AND SEAFOODentered 2024-05-09

  Primary law: CAA

  Federal penalty: $25,000 · SEP: $129,000

Timeline (3 milestones)

• 2024-05-09Enforcement Action Data Entered
• 2024-05-09Final Order Issued
• 2024-05-09Complaint Filed/Proposed Order