EPA v. MDV SPARTAN NASH, LLC

Case summary

June 24, 2021, EPA Region III filed a signed Consent Agreement and Final Order ( CAFO ) resolving an action against MDV SpartanNash, LLC for suspected violations of Section 112(r)(1) of the Clean Air Act, in connection with its food distribution center in Norfolk, Virginia. CAA Section 112(r) prevents and minimizes the consequences of an accidental release of regulated substances and is implemented directly by EPA in Region III. The Virginia Department of Environmental Quality is aware of this action. Specifically, EPA alleged that Respondent failed to comply with the CAA Section 112(r)(1) requirements to design and maintain a safe facility taking such steps as are necessary to prevent releases by failing to: 1) install appropriate alarms and eyewash stations both inside and outside the ammonia refrigeration machinery room, 2) properly seal ammonia refrigeration pipes piercing the ammonia refrigeration machinery room walls, 3) properly set ammonia alarm detection systems to 25ppm, and 4) inspect and repair pipe insulation, in accordance with industry standards. The facility is located in a community that is considered to be in an area of potential EJ concern. This settlement, which requires them to pay $47,429 to resolve alleged violations, will benefit the surrounding community by reducing the potential release of hazardous substances.

Defendants (1)

• MDV SPARTAN NASH, LLCNamed in complaintNamed in settlement

Facilities (2)

• MDV SPARTAN NASH

  1133 KINGWOOD AVENUE, NORFOLK, VA, 23502

  Registry ID: 110070055443

• MDV SPARTAN NASH, LLC

  1133 KINGWOOD AVENUE, NORFOLK, VA, 23502

  Registry ID: 110070055443

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)

• MDV SPARTAN NASH, LLCentered 2021-06-24

  Primary law: CAA

  Federal penalty: $47,429

Timeline (4 milestones)

• 2021-06-24Final Order Issued
• 2021-06-24Complaint Filed/Proposed Order
• 2021-06-30Enforcement Action Data Entered
• 2021-07-29Enforcement Action Closed