EPA v. THE HERSHEY COMPANY (WEST HERSHEY PLANT)

Case summary

On August 10, 2016. EPA inspectors c-0nducted an inspection of the West Hershey Plant m Hershey, Pennsylvania ( Facility ) to determine compliance with the Risk Management Program ( RMP ), Clean Air Act 112(r)(7) and the implementing regulations of 40 CFR Part 68. The Facility is a chocolate manufacturing company which uses anhydrous ammonia in its refrigeration system to provide cooling capabilities to various stages of the manufacturing operation. Based on the inspection. It was found that the Facility was in violation of 40 CFR Part 68.65 (d)(2) for failure to document that equipment complies with recognized and generally accepted good engineering practices. It was found that the ammonia detector alarms in the refrigeration machinery room or the Legacy System were not set to alarm at proper detection level and did not provide audible and visual alarms at each machinery room entrance.

Defendants (1)

• THE HERSHEY COMPANYNamed in complaintNamed in settlement

Facilities (2)

• WEST HERSHEY PLANT

  1033 OLD WEST CHOCOLATE AVE., HERSHEY, PA, 17033-2243

  Registry ID: 110000496302

• HERSHEY CO WEST HERSHEY PLANT

  1033 OLD WEST CHOCOLATE AVE., HERSHEY, PA, 17033-2243

  Registry ID: 110000496302

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 (1)

• THE HERSHEY COMPANY (WEST HERSHEY PLANT)entered 2017-01-19

  Primary law: CAA

  Federal penalty: $1,500

Timeline (4 milestones)

• 2017-01-19Complaint Filed/Proposed Order
• 2017-01-19Final Order Issued
• 2017-01-19Enforcement Action Data Entered
• 2017-01-27Enforcement Action Closed