EPA v. SHIELD PACKAGING

Case summary

On September 17, 2024, EPA filed a Consent Agreement and Final Order (CAFO) both initiating and resolving allegations that Shield Packaging Co. (Respondent) violated Section 112(r) of the Clean Air Act (CAA), 42 U.S.C. Section 7412(r), and its implementing regulations that contain the risk management plan (RMP) and program requirements, set forth at 40 C.F.R. Part 68. These alleged violations arise from Respondent's aerosol manufacturing operations in Dudley, Massachusetts. Specifically, Shield Packaging failed to timely update its Process Hazard Analysis for the process involving propellants; timely certify that it evaluated compliance with RMP requirements; establish mechanical integrity procedures for its tanks containing RMP-regulated chemicals where propellants are stored; train employees involved in certain operating processes, document the training, and document that the employees understood the training; comply with emergency planning and preparedness requirements; and, annually recertify written operating procedures and include preventative precautions in the operating procedures. The CAFO requires Respondent to pay a civil penalty of $219,500. The Clean Air Act 112(r) is enforced only by EPA in Massachusetts, but the Massachusetts Department of Environmental Protection has been made aware of this action.

Defendants (1)

• Shield Packaging Co., Inc.Named in complaintNamed in settlement

Facilities (1)

• SHIELD PACKAGING COMPANY INC

  50 OXFORD AVENUE, DUDLEY, MA, 01571

  Registry ID: 110020059675

Statutes cited

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

Enforcement conclusions (1)

• SHIELD PACKAGINGentered 2024-09-17

  Primary law: CAA

  Federal penalty: $219,500

Timeline (3 milestones)

• 2024-09-17Complaint Filed/Proposed Order
• 2024-09-17Final Order Issued
• 2024-09-19Enforcement Action Data Entered