EPA v. KERRY STOCK & BROTH COMPANY, INC. (KERRY HARRISONBURG)

Case summary

The Regional Judicial Officer issued a Final Order on June 30, 2023, ratifying the Consent Agreement to commence and settle violations of CAA Section 112(r)(1) and EPCRA Section 304(b)(1) and (c). EPA alleges that Kerry Stock & Broth Company, Inc. (Kerry), the owner and operator of a food processing facility in Harrisonburg, Virginia, violated CAA Section 112(r)(1) by failing to design and maintain a safe facility by failing to develop written operating procedures for the Facility's ammonia refrigeration systems, failing to keep records documenting maintenance schedules and regular inspections of the ammonia refrigeration systems, and failing to develop relief valve design calculations. These documents are all required by industry standards for ammonia refrigeration systems to document compliance with industry safety standards and recommended to be developed and maintained by the International Institute of Ammonia Refrigeration Standards. EPA alleges that Kerry violated EPCRA Section 304(b)(1) and (c) by failing to immediately notify the State Emergency Response Commission (SERC) and the Local Emergency Planning Committee (LEPC) of a release of approximately 320 pounds of anhydrous ammonia from the Facility that occurred between June 21-23, 2021 (the Release); and failing to submit a written follow-up notice of the Release to the SERC. In the settlement, Kerry has agreed to pay a penalty of $51,781 for the CAA violation and a penalty of $20,443 for the EPCRA violation.

Defendants (1)

• KERRY STOCK & BROTH COMPANY, INC.Named in complaintNamed in settlement

Facilities (1)

• KERRY HARRISONBURG

  1711 N. LIBERTY STREET, HARRISONBURG, VA, 22802

  Registry ID: 110070814262

Statutes cited

• CAA 112[R][7] — Prevention of Accidental Release/Risk Management Plans (RMPs)
• EPCRA 304 — Emergency Release Notification Section 313 Program
• CAA 112[R][1] — Prevention of Accidental Release/General Duty Clause

Enforcement conclusions (1)

• KERRY STOCK & BROTH COMPANY, INC. (KERRY HARRISONBURGentered 2023-06-30

  Primary law: CAA

  Federal penalty: $72,224

Timeline (4 milestones)

• 2023-06-30Final Order Issued
• 2023-06-30Complaint Filed/Proposed Order
• 2023-07-12Enforcement Action Data Entered
• 2023-08-29Enforcement Action Closed