EPA v. US FOODS, INC. (US FOODS OF ALLENTOWN)

Case summary

The Regional Judicial Officer issued a Final Order on February 27, 2019, accepting the Consent Agreement to commence and settle violations of CAA Section 112(r), which is intended to prevent accidental releases of hazardous chemicals to the air. EPA determined that US Foods, Inc., the owner and operator of a food distribution facility in Allentown, violated CAA Section 112(r)(7), because of its failure to protect evaporators in its ammonia refrigeration system from the risk of impact and its failure timely correct deficiencies in ammonia refrigeration system piping. On May 24, 2018, EPA issued an Administrative Settlement Agreement and Order on Consent, EPA Docket No. CAA-03-2018-0096DA (?Order?) to Respondent, in order to have Respondent address alleged violations of Section 112(r)(7) of the CAA, 42 U.S.C. 7612(r)(7), regarding its storage of anhydrous ammonia at the Facility. Respondent has completed work under the Order to address these deficiencies. In settlement, Respondents have agreed to pay a cash penalty of $59,857. Pennsylvania has not received delegation of the CAA 112(r) program but has been notified of this enforcement action.

Defendants (1)

• US FOODS, INC.Named in complaintNamed in settlement

Facilities (2)

• US FOOD SERVICE INC ALLENTOWN

  1200 HOOVER AVE, ALLENTOWN, PA, 18109

  Registry ID: 110014431962

• US FOODS, INC.

  1200 HOOVER AVE, ALLENTOWN, PA, 18109

  Registry ID: 110014431962

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)

• US FOODS, INC. (US FOODS OF ALLENTOWN)entered 2019-02-27

  Primary law: CAA

  Federal penalty: $59,857

Timeline (4 milestones)

• 2019-02-27Final Order Issued
• 2019-02-27Complaint Filed/Proposed Order
• 2019-03-01Enforcement Action Closed
• 2019-03-06Enforcement Action Data Entered