EPA v. HERSHEY CREAMERY COMPANY (HERSHEY CREAMERY COMPANY-MIDDLETOWN)

Case summary

On December 7, 2016 an authorized representative of the EPA conducted an inspection of the Hershey Creamery Co. Middletown facility located at 1200 AIP Drive in Middletown. PA, to determine compliance with the Risk Management Plan (RMP) regulations promulgated at 40 C.F .R. Part 68 under Section 112(r) of the Clean Air Act (the Act or CAA). EPA found that the Respondent had violated regulations implementing Section 112(r) of the Act, specifically: (1) Failure of the Owner/Operator to document that their equipment complies with generally accepted good engineering practices namely that their ammonia machinery room has visual and audible alarm annunciation outside each entrance to their refrigeration machinery room in accordance with 68.65(d)(2) and ANSI/ASHRAE Standard 15 Safety Standard for Ammonia Refrigeration Systems.

Defendants (1)

• HERSHEY CREAMERY COMPANYNamed in complaintNamed in settlement

Facilities (2)

• HERSHEY CREAMERY CO MIDDLETOWN FACILITY

  1200 AIP DR, MIDDLETOWN, PA, 17057

  Registry ID: 110000332738

• HERSHEY CREAMERY COMPANY MIDDLETOWN

  1200 AIP DRIVE, MIDDLETOWN, PA, 17057

  Registry ID: 110000332738

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)

• HERSHEY CREAMERY COMPANY (HERSHEY CREAMERY COMPANY MIDDLETOWN)entered 2017-04-13

  Primary law: CAA

  Federal penalty: $900

Timeline (4 milestones)

• 2017-04-13Enforcement Action Data Entered
• 2017-04-13Final Order Issued
• 2017-04-13Complaint Filed/Proposed Order
• 2017-04-28Enforcement Action Closed