EPA v. US FOODS, INC.

Case summary

8/20/19 - CONSENT AGREEMENT ISSUED, ASSESSING A PENALTY OF $90,693, DUE WITHIN 30 DAYS. ALLEGED VIOLATIONS: FAILURE TO IDENTIFY HAZARDS WHICH RESULT FROM ACCIDENTAL RELEASES OF AMMONIA. RESPONDENT HAD A DUTY TO IDENTIFY HAZARDS WHICH MAY RESULT FROM ACCIDENTAL RELEASES OF EXTREMELY HAZARDOUS SUBSTANCES LISTED UNDER 40 CFR 68.130 SUCH AS AMMONIA, USING APPROPRIATE HAZARD ASSESSMENT TECHNIQUES. RESPONDENT FAILED TO IDENTIFY HAZARDS BY NOT DEVELOPING A HAZARD ANALYSIS FOR THE AMMONIA REFRIGERANT SYSTEM PRIOR TO OPERATION OF THE AMMONIA REFRIGERANT SYSTEM. FAILURE TO DESIGN AND MAINTAIN A SAFE FACILITY TAKING NECESSARY STEPS TO PREVENT ACCIDENTAL RELEASES OF AMMONIA. RESPONDENT HAD A DUTY TO DESIGN AND MAINTAIN A SAFE FACILITY TAKING SUCH STEPS AS ARE NECESSARY TO PREVENT RELEASES. RESPONDENT FAILED TO DESIGN AND MAINTAIN A SAFE FACILITY BY NOT DEVELOPING WRITTEN PROCEDURES FOR THE OPERATION OF THE AMMONIA REFRIGERANT SYSTEMS. STEPS TAKEN BY RESPONDENT TO ACHIEVE COMPLIANCE - RESPONDENT PREPARED A PROCESS HAZARD ANALYSIS OF THE AMMONIA REFRIGERANT SYSTEM ON JUNE 21, 2018, AND SUBMITTED IT TO EPA ON JUNE 27, 2018. RESPONDENT PREPARED WRITTEN PROCEDURES FOR THE OPERATION OF THE AMMONIA REFRIGERANT SYSTEM ON JUNE 11, 2018 AND SUBMITTED THEM TO EPA ON JUNE 27, 2018.

Defendants (1)

• US FOODS, INC.Named in complaintNamed in settlement

Facilities (1)

• US FOODS

  6685 CRESCENT DR, NORCROSS, GA, 30071

  Registry ID: 110070248408

Statutes cited

• CAA 112R — General Duty/Accidental Release

Enforcement conclusions (1)

• US FOODS, INC.entered 2019-08-20

  Primary law: CAA

  Federal penalty: $90,693

Timeline (5 milestones)

• 2019-08-20Final Order Issued
• 2019-08-20Complaint Filed/Proposed Order
• 2019-08-27Enforcement Action Data Entered
• 2019-10-04Air Resolved
• 2019-10-04Enforcement Action Closed