EPA v. STORE CAPITAL (PREVIOUSLY BLUE HARVEST FOODS, LLC)

Case summary

On June 11, 2024, EPA issued a Notice of Violation and Administrative Order on Consent (NOV/AOC) to STORE Capital to correct alleged violations of the chemical accident prevention provisions of the Clean Air Act, found at 40 C.F.R. Part 68, at the company's cold storage warehouse in New Bedford, Massachusetts. The facility uses ammonia in its refrigeration system. STORE Capital's previous tenant, Blue Harvest Foods, LLC, operated the facility at the time of EPA's inspection but is now in bankruptcy and has ceased operations at the facility. The NOV/AOC alleges failure to document compliance with recognized and generally accepted good engineering practices and failure to comply with mechanical integrity requirements. The company is located in an environmental justice area of concern. Although EPA directly implements 40 C.F.R. Part 68 in Massachusetts, EPA will send a copy of the NOV/AOC to the Massachusetts Department of Environmental Protection.

Defendants (2)

• STORE Capital LLCNamed in complaintNamed in settlement
• STORE Capital LLC

Facilities (1)

• BLUE HARVEST FOODS, LLC

  40 HERMAN MELVILLE BOULEVARD, NEW BEDFORD, MA, 02740

  Registry ID: 110001950470

Statutes cited

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

Enforcement conclusions (1)

• STORE CAPITAL (PREVIOUSLY BLUE HARVEST FOODS, LLC)entered 2024-06-11

  Primary law: CAA

Timeline (3 milestones)

• 2024-06-11Complaint Filed/Proposed Order
• 2024-06-11Final Order Issued
• 2024-07-22Enforcement Action Data Entered