EPA v. BERKS PACKING CO

Case summary

EPA, Region III has commenced and resolved an administrative action against Berks Packing Company, Inc. (���Berks���), for violations of Section 112(r)(7) of the CAA, in connection with its facility in Reading, Pennsylvania. One of the purposes of Section 112(r)(7) of the CAA, and its implementing regulations (the ���Risk Management Program���), is to require facilities, which have above a threshold quantity of one or more regulated substances, to prepare Risk Management Plans and submit them to a central repository, to implement such plans, and to operate such facilities in compliance with the Risk Management Program, for the protection of human health and the environment. The violation giving rise to this action is based upon the fact that Berks failed to submit its RMP to EPA, as well as failing to adequately develop and implement an RMP. This matter has been resolved for a penalty of $15,831.00 as well as a Supplemental Environmental Project (���SEP���) costing more than $97,000.00. The SEP involves the installation of a hermetically- sealed anhydrous-ammonia pump, which, due to the absence of seals, cannot malfunction and release anhydrous ammonia into the environment. Berks will also install (1) ammonia sensors in its processing rooms, (2) a king solenoid valve and (3) an armored sight glass.

Defendants (1)

• BERKS PACKING CONamed in complaintNamed in settlement

Facilities (1)

• BERKS PACKING COMPANY INCORPORATED

  307-323 BINGAMAN STREET, READING, PA, 196105919

  Registry ID: 110005981465

Statutes cited

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

Enforcement conclusions (1)

• BERKS PACKING COentered 2005-08-01

  Primary law: CAA

  Federal penalty: $15,831 · SEP: $92,644

Timeline (3 milestones)

• 2005-03-07Enforcement Action Data Entered
• 2005-08-01Complaint Filed/Proposed Order
• 2005-08-01Final Order Issued