EPA v. GIANT EAGLE, INC. (GIANT EAGLE FRESH FOODS)

Case summary

On September 26, 2018, EPA filed a Consent Agreement and Final Order which both initiates and settles EPA?s penalty claim for violations of Section 112(r)(7) of the CAA against Giant Eagle, Inc. (Respondent), owner and operator of two food warehousing facilities in Freedom and Pittsburgh, Pennsylvania (the Facilities). EPA alleged that Respondent violated CAA Section 112(r)(7), and its implementing regulations at 40 C.F.R. Part 68, with respect to Respondent?s storage and handling of anhydrous ammonia in its refrigeration system at the Facilities, by failing to follow recognized and generally accepted good engineering practices related to the prevention of accidental releases. Specifically, Respondent failed to: compile required information related to process safety and relief system design; document that process equipment complies with recognized and generally accepted good engineering practices to design its ammonia refrigeration room in accordance with industry standards, including installation of audible and visual ammonia alarms at each exterior door to the refrigeration process; develop a system to promptly address process hazard analysis (PHA) findings and recommendations; document initial employee training; correct deficiencies in equipment in a safe and timely manner; document completion of follow-up actions for each finding from compliance audits; and update the risk management plan and submit it within six months of a change that required a revised PHA or hazard review. Respondent voluntarily performed work to correct these deficiencies and agreed to pay a civil penalty in the amount of $70,648. There were no human health/environmental impacts involved in this matter. EPA informed the Pennsylvania Department of Environmental Protection (PADEP) of this enforcement action on January 5, 2018 and PADEP played no role in this direct implementation case.

Defendants (1)

• GIANT EAGLE, INC.Named in complaintNamed in settlement

Facilities (4)

• OK GROCERY PERISHABLES WAREHOUSE

  735 BEECHNUT DRIVE, PITTSBURGH, PA, 15205

  Registry ID: 110000566860

• GIANT EAGLE

  2500 LOVI ROAD, FREEDOM, PA, 15042

  Registry ID: 110000565950

• OK GROCERY PERISHABLES WAREHOUSE

  735 BEECHNUT DRIVE, PITTSBURGH, PA, 15205

  Registry ID: 110000566860

• GIANT EAGLE FRESH FOODS

  2500 LOVI ROAD, FREEDOM, PA, 150429394

  Registry ID: 110000565950

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)

• GIANT EAGLE, INC. (GIANT EAGLE FRESH FOODS)entered 2018-09-26

  Primary law: CAA

  Federal penalty: $70,648

Timeline (4 milestones)

• 2018-09-26Complaint Filed/Proposed Order
• 2018-09-26Final Order Issued
• 2018-09-27Enforcement Action Data Entered
• 2018-10-24Enforcement Action Closed