EPA v. USA PORK PACKERS, INC

Case summary

THE REGIONAL JUDICIAL OFFICER FOR REGION III SIGNED A CONSENT AGREEMENT AND FINAL ORDER ( SUPER CAFO ), WHICH RESOLVED ALLEGED VIOLATIONS OF SECTION 103 OF THE COMPREHENSIVE ENVIRONMENTAL RESPONSE, COMPENSATION, AND LIABILITY ACT ( CERCLA ), SECTIONS 304, 311 AND 312 OF THE EMERGENCY PLANNING AND COMMUNITY RIGHT-TO-KNOW ACT ( EPCRA ), 42 U.S.C. SECTION 11004, 11021, 11022, AND SECTION 112(r)(1) OF TE CLEAN AIR ACT (ALSO KNOWN AS THE GENERAL DUTY CLAUSE), 42 U.S.C. SECTION 7412(r)(1), AGAINST USA PORK PACKERS, INC ( USA PORK ), IN CONNECTION WITH ITS PORK SLAUGHTERHOUSE 328 SOUTH WYOMING STREET IN HAZELTON, PENNSYLVANIA ( FACILITY ). THE VIOLATIONS OF SECTION 103 OF CERCLA AND EPCRA 304 OF EPCRA WERE ASSERTED AS A RESULT OF USA PORK'S FAILURE OT NOTIFY THE NATIONAL RESPONSE CENTER AND STATE EMERGENCY RESPONSE COMMISSION ( SERC ) OF THE RELEASE OF APPROXIMATELY 1,200 POUNDS OF AMMONIA FROM THE FACILITY ON APRIL 7, 2010, AND ITS FAILURE TO PROVIDE TIMELY FOLLOW-UP REPORTS TOT THE SERC AND THE LOCAL EMERGENCY PLANNING COMMITTEE ( LEPC ) FOLLOWING THE RELEASE. THE VIOLATIONS

Defendants (1)

• USA PORK PACKERS, INC (SB)Named in complaintNamed in settlement

Facilities (1)

• USA PORK PACKERS, INC

  328 S WYOMING ST, HAZELLTON, PA, 18201

  Registry ID: 110041886108

Statutes cited

• CERCLA 103A — Notification of Hazardous Reportable Quantity Release
• EPCRA 304 — Emergency Release Notification Section 313 Program
• EPCRA 311 — Material Safety Data Sheets (MSDS)
• EPCRA 312 — Emergency and Hazardous Chemical Inventory Forms
• CAA 112[R][7] — Prevention of Accidental Release/Risk Management Plans (RMPs)
• CAA 112[R][1] — Prevention of Accidental Release/General Duty Clause

Enforcement conclusions (1)

• USA PORK PACKERS, INCentered 2012-09-28

  Primary law: CAA

  Federal penalty: $20,000

Timeline (3 milestones)

• 2012-09-28Complaint Filed/Proposed Order
• 2012-09-28Final Order Issued
• 2012-10-04Enforcement Action Data Entered