EPA v. ATEECO, INC. ( D/B/A MRS. T'S PIEROGIES)

Case summary

ON MARCH 25, 2015, EPA REGION III ISSUED AN ADMINISTRATIVE SETTLEMENT AGREEMENT AND ORDER ON CONSENT ( ORDER ) TO ATTECO, INC., D/B/A MRS. T'S PIEROGIES. ATEECO OPERATES A FOOD (PIEROGIES) PRODUCTION COMPANY LOCATED IN SHENANDOAH, PENNSYLVANIA. THE FACILITY HAS AN AMMONIA-BASED REFRIGERATION SYSTEM, WHICH USES UP TO 19,000 POUNDS OF ANYDROUS AMMONIA. A 30,000-GALLON TANK IS USED TO STORE PROPANE USED AS FUEL FOR HEATING WATER. EPA CONDUCTED AN INSPECTION ON SEPTEMBER 25, 2014, TO ASSESS COMPLIANCE WITH SECTIONS 112(R)(1) AND (7) OF THE CAA, AND THE RISK MANAGEMENT PROGRAMS REGULATIONS. EPA DETERMINED ATEECO VIOLATED THE RISK MANAGEMENT PROGRAM'S PROCESS SAFETY REQUIREMENT TO ENSURE THAT THE AMMONIA REFRIGERATION SYSTEM COMPLIED WITH RECOGNIZED AND GENERALLY ACCEPTED GOOD ENGINEERING CODES. IN ADDITION, ATEECO DID NOT COMPLY WITH THE REQUIREMENTS OF THE GENERAL DUTY CLAUSE BY ITS FAILURE TO MANAGE SAFELY THE 30,000-GALLON PROPANE TANK, ITS FAILURE TO NOT HAVE INSULATION OR A FIRE PROTECTION SYSTEM FOR THE PROPANE TANK, AND IT INABILITY TO PROVIDE A WRITTEN FIRE SAFETY ANALYSIS FOR THE PROPANE TANK WHEN REQUESTED BY EPA. WITH THIS ORDER, ATTECO AGREED TO CONDUCT AN ASESSMENT OF THE REFRIGERATION SYSTEM AND THE PROPANE TANK, AND IMPLEMENT THE PROPOSED ACTIONS AND/OR REMEDIES TO ADDRESS THE DEFICIENCIES. ISSUANCE OF THIS ORDER WILL IMPROVE PUBLIC HEALTH AND SAFETY BY DECREASING THE RISK OF RELEASES OF EXTREMELY HAZARDOUS SUBSTANCES.

Defendants (1)

• ATEECO, INC. (D/B/A MRS. T'S PIEROGIES)Named in settlement

Facilities (1)

• ATEECO, INC. (D/B/A MRS. T'S PIEROGIES)

  600 EAST CENTRE STREET, SHENANDOAH, PA, 17976-1825

  Registry ID: 110001036753

Statutes cited

• CAA 112[R][1] — Prevention of Accidental Release/General Duty Clause
• CAA 112[R][7] — Prevention of Accidental Release/Risk Management Plans (RMPs)
• CAA 112R — General Duty/Accidental Release

Enforcement conclusions (1)

• ATEECO, INC. (D/B/A MRS. T'S PIEROGIES)entered 2015-04-02

  Primary law: CAA

Timeline (2 milestones)

• 2015-04-02Final Order Issued
• 2015-04-23Enforcement Action Data Entered