EPA v. JBS SOUDERTON, INC.

Case summary

On July 10, 2019, EPA Region III filed a signed Consent Agreement and Final Order ( CAFO ) resolving an action against JBS Souderton, Inc. ( JBS ) for an alleged violation of Section 103 of CERCLA, Sections 304 and 312 of EPCRA, and Section 112 of CAA in connection with a facility located in Souderton, Pennsylvania. EPA alleges that JBS failed to notify the National Response Center after a July 12, 2017 release of more than a reportable quantity of anhydrous ammonia. EPA also alleges that JBS violated Section 304(a) and (c) of EPCRA, 42 U.S.C. 11004(a), (c), by failing to notify the State Emergency Response Commission ( SERC ) after the July 12, 2017 and October 15, 2017 releases of more than a reportable quantity of anhydrous ammonia, or to send required written follow-up reports to the SERC. EPA also alleges that JBS violated 304(s) of EPCRA by failing to notify the Local Emergency Planning Committee ( LEPC ) after the July 12 release. EPA further alleges that JBS violated Section 312 of EPCRA, 42 U.S.C. 11022, by failing to submit to the SERC, the LEPC and the local fire department a Chemical Inventory Form for calendar year 2016, identifying sulfuric acid as present at the Facility in a quantity equal to or greater than the threshold planning quantity, as required by Section 312. Finally, EPA alleges that JBS violated Section 112(r) of the CAA, 42 U.S.C. 7412(r), by failing to design and maintain a safe facility taking steps as are necessary to prevent accidental releases of an extremely hazardous substance by failing to provide audible and visual alarms inside and outside the Facility?s machine room and failed to prevent excessive buildup on valves and gages. The agreement requires Respondent to pay $122,624.00 in civil penalties. The Pennsylvania Department of Environmental Qualify was advised of this enforcement action and did not raise any objections. CERCLA 103 and EPCRA 304 release reporting helps communities plan for chemical emergencies by requiring industry to report on the storage, use, and releases of hazardous substances to federal, state, and local governments allowing them to use this information to prepare their community from potential risks. CAA 112r imposes a general duty and responsibility on facilities to prevent and mitigate the consequences of chemical accidents.

Defendants (1)

• JBS SOUDERTON, INC.Named in complaintNamed in settlement

Facilities (2)

• JBS - SOUDERTON BEEF PROCESSING

  249 ALLENTOWN ROAD, SOUDERTON, PA, 18964

  Registry ID: 110000539953

• JBS SOUDERTON, INC.

  249 ALLENTOWN RD, SOUDERTON, PA, 18964

  Registry ID: 110000539953

Statutes cited

• CAA 112[R][7] — Prevention of Accidental Release/Risk Management Plans (RMPs)
• CERCLA 103A — Notification of Hazardous Reportable Quantity Release
• EPCRA 312 — Emergency and Hazardous Chemical Inventory Forms
• EPCRA 304 — Emergency Release Notification Section 313 Program
• CAA 112[R][1] — Prevention of Accidental Release/General Duty Clause

Enforcement conclusions (1)

• JBS SOUDERTON, INC.entered 2019-07-10

  Primary law: CAA

  Federal penalty: $122,624

Timeline (4 milestones)

• 2019-07-10Final Order Issued
• 2019-07-10Complaint Filed/Proposed Order
• 2019-07-15Enforcement Action Data Entered
• 2019-08-12Enforcement Action Closed