EPA v. THE CLEMENS FAMILY CORPORATION (CLEMENS FOOD GROUP)

Case summary

On September 26, 2023, Region 3 filed an ESA with Clemens Food Group (Clemens), a temperature-controlled food warehousing facility in Hatfield, PA, to settle violations of Section 112(r) of the CAA, which requires chemical accident prevention planning at facilities that use specific hazardous substances. During a Risk Management Program (RMP) inspection by the Oil and Prevention Enforcement Section (OPES) on August 31, 2022, EPA found the following violations: From at least August 9, 2017, until January 18, 2023, Respondent failed to ensure process equipment complies with generally accepted good engineering practices in accordance with industry codes and standards, in violation of 40 C.F.R. 68.65. Clemens is not located in an area of potential Environmental Justice (EJ) concern. The ESA requires the facility to pay a penalty of $1,500.00 dollars.

Defendants (1)

• THE CLEMENS FAMILY CORPORATIONNamed in complaintNamed in settlement

Facilities (2)

• CLEMENS FOOD GROUP

  2700 CLEMENS ROAD, HATFIELD, PA, 19440

  Registry ID: 110070828202

• CLEMENS FOOD GROUP/HATFIELD PLT

  2700 CLEMENS RD, HATFIELD, PA, 19440-4202

  Registry ID: 110051644226

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)

• THE CLEMENS FAMILY CORPORATION (CLEMENS FOOD GROUP)entered 2023-09-26

  Primary law: CAA

  Federal penalty: $1,500

Timeline (4 milestones)

• 2023-09-26Complaint Filed/Proposed Order
• 2023-09-26Final Order Issued
• 2023-09-28Enforcement Action Closed
• 2023-10-11Enforcement Action Data Entered