EPA v. US FOODS, INC.

Case summary

September 28, 2022, EPA Region III filed a signed Consent Agreement and Final Order ( CAFO ) resolving an action against US Foods, Inc. for alleged violations of Sections 304 of EPCRA in connection with Respondent's failure to timely report its July 29, 2019 release of approximately 171 pounds of anhydrous ammonia from its food distribution facility in Allentown, Pennsylvania, and alleged violations of the emergency planning requirements of EPCRA 312. Specifically, EPA alleged that Respondent failed to immediately notify the local emergency planning committee ( LEPC ) as soon as Respondent knew, or should have known, that a release of a hazardous substance or extremely hazardous substance had occurred from the facility in an amount equal to or exceeding the applicable reportable quantity, in violation of EPCRA 304(a-b). EPA alleged that Respondent failed to provide a written, follow-up emergency notice to the State emergency response commission ( SERC ) and to the LEPC as soon as practicable following the ammonia release, in violation of EPCRA 304(c). Additionally, EPA alleged that US Foods violated the chemical inventory reporting requirements of Section 312 of EPCRA by failing to submit Tier II reports to the local fire department for calendar years 2017, 2018, and 2019. This settlement requires Respondent to pay $35,000.00 in civil penalties to resolve the alleged violations. According to EJ Screen, this US Foods facility is located in a potential area of EJ concern. PADEP has been informed of this enforcement matter.

Defendants (1)

• US FOODS, INC.Named in complaintNamed in settlement

Facilities (1)

• US FOODS, INC.

  1200 HOOVER AVE, ALLENTOWN, PA, 18109

  Registry ID: 110014431962

Statutes cited

• EPCRA 312 — Emergency and Hazardous Chemical Inventory Forms
• EPCRA 304 — Emergency Release Notification Section 313 Program

Enforcement conclusions (1)

• US FOODS, INC.entered 2022-09-28

  Primary law: EPCRA

  Federal penalty: $35,000

Timeline (4 milestones)

• 2022-09-28Complaint Filed/Proposed Order
• 2022-09-28Final Order Issued
• 2022-09-30Enforcement Action Data Entered
• 2022-10-03Enforcement Action Closed