EPA v. TYSON POULTRY, INC.

Case summary

On September 20, 2018, EPA filed a Consent Agreement and Final Order, which initiated and settled EPA's penalty claim for alleged violations of Section 103(a) of CERCLA, Section 304(a) and (b) of EPCRA, and Section 312 of EPCRA against Tyson Poultry, Inc.( Respondent ), the owner and operator of a poultry processing facility located at 403 South Custer Avenue, in New Holland, Pennsylvania ( the Facility ). The alleged violations pertain to a release of approximately 8,619 pounds of anhydrous ammonia from the Facility on May 30, 2017 following a mechanical failure of a safety relief valve. The Consent Agreement asserts that Respondent failed to immediately notify the National Response Center ( NRC ) and the State emergency response commission ( SERC ) as soon as Respondent knew or should have known that a release of a hazardous substance, namely ammonia, had occurred at the Facility in an amount equal to or exceeding the applicable RQ. Additionally, EPA alleges that Respondent failed to provide a written follow-up emergency notice, as soon as practicable, to update the SERC regarding the May 30, 2017 release. Finally, the Consent Agreement asserts that Respondent violated the chemical inventory reporting requirements of Section 312 of EPCRA at the Facility for calendar years 2014 and 2015 by failing to submit complete and accurate Chemical Inventory Forms, or Tier II reports, to LEPC, SERC, and local fire department.Respondent has agreed to pay a penalty of $63,000 to resolve the alleged violations. PEMA, PA Department of Labor & Industry, and PADEP were advised of this enforcement action and did not raise any objections.

Defendants (1)

• TYSON POULTRY, INC.Named in complaintNamed in settlement

Facilities (1)

• TYSON POULTRY, INC.

  403 S. CUSTER AVENUE, NEW HOLLAND, PA, 17557

  Registry ID: 110010975695

Statutes cited

• EPCRA 304 — Emergency Release Notification Section 313 Program
• EPCRA 312 — Emergency and Hazardous Chemical Inventory Forms
• CERCLA 103A — Notification of Hazardous Reportable Quantity Release

Enforcement conclusions (1)

• TYSON POULTRY, INC.entered 2018-09-20

  Primary law: CERCLA

  Federal penalty: $63,000

Timeline (4 milestones)

• 2018-09-20Complaint Filed/Proposed Order
• 2018-09-20Enforcement Action Data Entered
• 2018-09-20Final Order Issued
• 2018-10-11Enforcement Action Closed