EPA v. SMITHFIELD FRESH MEATS CORPORATION (f/k/a Smithfield Farmland Corporation)

Case summary

On April 18, 2018, EPA filed a Consent Agreement and Final Order, which initiated and settled EPA's penalty claim for violations of Section 112(r)(7) of the CAA against Smithfield Fresh Meats Corporation, formerly known as Smithfield Farmland Corporation, ( Respondent ) which EPA inspectors observed during an inspection of Respondent's facility in Smithfield, Virginia ( the Facility ), where Respondent utilizes 250,000 pounds of anhydrous ammonia, a regulated substance, exceeding the 10,000-pound threshold quantity under 40 C.F.R. SECTION 68.130. The Consent Agreement asserts that Respondent violated Section 112(r)(7) of the CAA, and its implementing regulations 40 C.F.R. ? 68.65(d)(2), which requires facilities at which a regulated substance is present in more than a threshold quantity to document that equipment complies with generally accepted good engineering practices. The Consent Agreement additionally alleges EPA violated 40 C.F.R. ? 68.69(c) by failing to annually certify that its operating procedures for the ammonia refrigeration process were current and accurate. The RMP regulations are designed to protect human health and the environment by ensuring the safe management of such hazardous substances and help prevent the occurrences and ramification of chemical accidents. Respondent has agreed to pay a penalty of $58,549. During the inspection of the Facility, EPA was accompanied by three inspectors from the Virginia Department of Environmental Quality (V ADEQ). EPA informed V ADEQ of this enforcement action by letter on February 8, 2017, and received no objection.

Defendants (1)

• SMITHFIELD FRESH MEATS CORPORATION (f/k/a SmithfieNamed in complaintNamed in settlement

Facilities (4)

• SMITHFIELD-SMITHFIELD FACILITY (NORTH)

  601 NORTH CHURCH STREET, SMITHFIELD, VA, 23430-1221

  Registry ID: 110000342102

• SMITHFIELD FRESH MEATS CORPORATION (F/K/A SMITHFIELD FARMLAND CORPORATION)

  601 NORTH CHURCH STREET, SMITHFIELD, VA, 23430

  Registry ID: 110000342102

• SMITHFIELD FRESH MEATS CORPORATION (F/K/A SMITHFIELD FARMLAND CORPORATION)

  601 NORTH CHURCH STREET, SMITHFIELD, VA, 23430

  Registry ID: 110000342102

• SMITHFIELD-SMITHFIELD FACILITY (NORTH)

  601 NORTH CHURCH STREET, SMITHFIELD, VA, 23430-1221

  Registry ID: 110000342102

Statutes cited

• CAA 112[R][1] — Prevention of Accidental Release/General Duty Clause
• CAA 112R — General Duty/Accidental Release

Enforcement conclusions (1)

• SMITHFIELD FRESH MEATS CORPORATION (f/k/a Smithfield Farmland Corporation)entered 2018-04-18

  Primary law: CAA

  Federal penalty: $58,549

Timeline (4 milestones)

• 2018-04-04Enforcement Action Data Entered
• 2018-04-18Complaint Filed/Proposed Order
• 2018-04-18Final Order Issued
• 2018-04-20Enforcement Action Closed