EPA v. SYSCO EASTERN MARYLAND, LLC

Case summary

On December 30, 2019, the Regional Judicial Officer signed a Final Order ratifying a Consent Agreement between EPA and Sysco Eastern Maryland, LLC (Sysco) that resolves alleged violations of CAA Section 112(r)(7) at its wholesale food storage and distribution facility ( Facility ) in Pocomoke City, Maryland. Pursuant to the Agreement, Sysco will pay a penalty of $52,170. At the time of EPA's inspection of the Facility in October 2018, EPA observed that Sysco had failed to ensure that its anhydrous ammonia refrigeration system was designed to ensure a level of safety consistent with recognized and generally accepted good engineering practices in that it had an inadequate ventilation system, lacked audible alarms inside mechanical rooms, had improperly sealed openings, and had an inadequate relief header. Sysco had also failed to timely correct deficiencies it had discovered in its initial process hazard analysis. Additionally, Sysco had failed to correct deficiencies in equipment that are outside of acceptable limits in that it allowed ice buildup and vapor barrier damage to occur in such a way that could impact the proper operation of the -20 degree pump package. Sysco has taken corrective actions to address all of the violations.Maryland has not received delegation of Section 112(r)(7) of the CAA. Geoff Donahue, Director, Emergency Preparedness & Planning, Maryland Department of the Environment (MDE) and Frank Courtright, Air Quality Compliance, MDE were notified of this action.

Defendants (1)

• SYSCO EASTERN MARYLAND, LLCNamed in complaintNamed in settlement

Facilities (2)

• SYSCO EASTERN MARYLAND, LLC

  33239 COSTEN ROAD, POCOMOKE CITY, MD, 21851

  Registry ID: 110008479397

• LANKFORD SYSCO FOOD SERVICES, LLC

  33239 COSTEN ROAD, POCOMOKE, MD, 21851-3909

  Registry ID: 110008479397

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)

• SYSCO EASTERN MARYLAND, LLCentered 2019-12-30

  Primary law: CAA

  Federal penalty: $52,170

Timeline (3 milestones)

• 2019-12-30Complaint Filed/Proposed Order
• 2019-12-30Final Order Issued
• 2020-01-08Enforcement Action Data Entered