EPA v. TUSCAN / LEHIGH DAIRIES, INC.

Case summary

ON DECEMBER 13, 2016, EPA INSPECTORS CONDUCTED AN INSPECTION OF THE TUSCAN / LEHIGH DAIRIES, INC.FACILITY LOCATED AT 880 ALLENTOWN ROAD, LANSDALE, 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, CAA). EPA FOUND THAT THE RESPONDENT HAD VIOLATED REGULATION IMPLENTING SECTION 112(r() OF THE ACT, SPECIFICALLY, THE FACILITY FAILED TO DOCUMENT THE EQUIPMENT COMPLIED WITH RECOGNIZING AND GENERALLY ACCEPTING GOOD ENGINEERING PRACTICES IN ACCORDANCE WITH 40 C.F.R. SECTION 68.65(d)(2). IT WAS FOUND THAT 1) AUDIBLE AND VISUAL ALARMS WERE NOT PRESENT OUTSIDE ENTRANCES TO THE REFRIGERATED MACHINERY ROOM AND 2) REFRIGERATED MACHINERY ROOM DID NOT OPEN OUTWARD AND WERE NOT TIGHT-FITTING.

Defendants (1)

• TUSCAN / LEHIGH DAIRIES, INC.Named in complaintNamed in settlement

Facilities (2)

• TUSCAN/LEHIGH DAIRIES INC

  880 ALLENTOWN RD, LANSDALE, PA, 19446

  Registry ID: 110001140202

• TUSCAN / LEHIGH DAIRIES, INC.

  880 ALLENTOWN ROAD, LANSDALE, PA, 194465298

  Registry ID: 110001140202

Statutes cited

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

Enforcement conclusions (1)

• TUSCAN / LEHIGH DAIRIES, INC.entered 2017-12-20

  Primary law: CAA

  Federal penalty: $1,500

Timeline (3 milestones)

• 2017-12-20Complaint Filed/Proposed Order
• 2017-12-20Final Order Issued
• 2018-01-03Enforcement Action Data Entered