EPA v. THE ZIEGENFELDER COMPANY

Case summary

The Regional Judicial Officer issued a Final Order on August 16, 2016, accepting the Consent Agreement to commence and settle a violation of CAA Section 112(r)(l), the General Duty Clause, in connection with a frozen dessert manufacturing facility owned and operated by The Ziegenfelder Company, and located at 87 181h Street in Wheeling, West Virginia. EPA conducted an inspection of the facility on November 18, 2015 in response to the release of 142 pounds of ammonia on October 28, 2015. EPA determined that Ziegenfelder had not designed and maintained its anhydrous ammonia refrigeration system to provide safety consistent with applicable industry codes. In particular, Ziegenfelder needed to install tight-fitting doors to the machinery room, install ammonia detectors outside of the machinery room with audio and visual alerts, provide a separate circuit and exterior controls for the emergency ventilation fan, provide engineering controls to prevent buildup of hydrostatic pressure in ammonia piping, and calibrate and maintain the ammonia detector in the machinery room. Ziegenfelder has corrected all of the identified conditions at the Facility. In settlement, Ziegenfelder has agreed to pay a cash penalty of $8,910, and to perform a SEP costing $20,854, involving the installation of four ammonia detectors with two set levels, the higher of which will trigger an automatic notification to the alarm contractor, who will notify the 911 dispatch center. The SEP constitutes a Next Generation project because of the advanced monitoring component, and will benefit the environmental justice community in which the facility is located.

Defendants (1)

• THE ZIEGENFELDER COMPANYNamed in complaintNamed in settlement

Facilities (1)

• THE ZIEGENFELDER COMPANY

  87 18TH STREET, WHEELING, WV, 26003

  Registry ID: 110063978771

Statutes cited

• 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)

• THE ZIEGENFELDER COMPANYentered 2016-08-16

  Primary law: CAA

  Federal penalty: $8,910 · SEP: $20,780

Timeline (3 milestones)

• 2016-08-16Final Order Issued
• 2016-08-16Complaint Filed/Proposed Order
• 2016-09-01Enforcement Action Data Entered