EPA v. LOUIS NIEBERGALL ICE COMPANY, INC.

Case summary

PA conducted an investigation of Niebergall Ice Company following a release of approximately 400 pounds of anhydrous ammonia. The facility is an ice manufacturer which uses ammonia in its refrigeration process. Based on information discovered during investigation, EPA believes that Niebergall violated the General Duty Clause (GDC), Section 112(r)(1) of the Clean Air Act (CM). It was found that the facility did not have documented standard operating procedures, maintenance and inspection records/logs, and training. In addition, the machinery rooms were lacking detectors, alarms, and proper ventilation. EPA is requesting that Niebergall agree to enter into an Administrative Order on Consent ( AOC ) with EPA to conduct work at the Facility in order to bring the Facility into compliance with the General Duty Clause. This Amendment will nullify Niebergall's work obligation due to ceased operations and removal of ammonia.

Defendants (1)

• LOUIS NIEBERGALL ICE COMPANY, INC.Named in settlement

Facilities (1)

• NIEBERGALL ICE COMPANY

  4419 EOFF STREET, WHEELING, WV, 26003

  Registry ID: 110064698297

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)

Enforcement conclusions (2)

• LOUIS NIEBERGALL ICE COMPANY, INC.entered 2016-05-18

  Primary law: CAA

• LOUIS NIEBERGALL ICE COMPANY, INC.entered 2017-05-17

  Primary law: CAA

Timeline (2 milestones)

• 2016-06-13Enforcement Action Data Entered
• 2017-05-17Final Order Issued