EPA v. ASSOCIATED WHOLESALE GROCERS, INC.

Case summary

June 11, 2026 - Expedited Settlement Agreement and Final Order This Expedited Settlement Agreement (ESA) is being entered into by the United States Environmental Protection Agency, Region 4, Director of the Enforcement and Compliance Assurance Division (Complainant), and by Associated Wholesale Grocers, Inc. (Respondent) (collectively, the Parties), pursuant to Section 113(d) of the Clean Air Act (the Act ), 42 U.S.C. 7413(d), and pursuant to 40 C.F.R. 22.13(b) and 22.18. Based on a compliance monitoring inspection conducted at the Respondent's facility located at 500 South Cartwright, Goodlettsville, Tennessee 37072 (the Facility), on December 3, 2024, the EPA alleges that the Respondent violated the Act's Section 112(r)(7) Chemical Accident Prevention Provisions, 42 U.S.C. 7412(r)(7), when at the time of inspection, Respondent did not provide evidence that: 1. It ensured and documented that the process is designed and maintained in compliance with recognized and generally accepted good engineering practices, as required by 40 C.F.R. 68.65(d)(2), because: a. Some ammonia pipes on the roof were corroded. Section 5.1 of ANSI/International Institute of Ammonia Refrigeration (IIAR)-9 Addendum-A (2024) states, All equipment and system components shall be inspected, tested, and maintained in accordance with ANSI/I/AR 6 (2019} ; and Section 11.1.1 of ANSI/IIAR-6 (2019) states, Where pitting, surface damage, general corrosion, or a combination thereof, is visually observed on a metal surface of the piping, deficient areas shall be further evaluated per sections 11.1.1.1-11.1.1.3. b. Some ammonia pipes on the roof had missing labels or labels that were faded and/or peeling off. Section 5.14.6 of ANSI/IIAR-2 (2021) states, Ammonia piping mains, headers, and branches shall be identified with the following information:1. AMMONIA ; 2. Physical state of the ammonia; 3. Relative pressure level of ammonia, being low or high as applicable; 4. Pipe service, which shall be permitted to be abbreviated; and 5. Direction of flow. The marking system shall either be one established by a recognized model code or standard or one described and documented by the facility owner; and Section 7.2.9.4 of ANSI/IIAR-9 Addendum-A (2024) states, Ammonia piping mains, headers, and branches shall be identified with the following information 1) AMMONIA 2) Physical state of the ammonia 3} Relative pressure level of ammonia, being low or high as applicable 4) Pipe service, which shall be permitted to be abbreviated 5) Direction of flow. c. Ammonia sensors were not calibrated during the calendar year 2023. ANSI/IIAR-6 (2019), Table 12.3 for Ammonia Detection and Alarm Systems Inspection, Testing, and Maintenance Tasks indicates ammonia sensors are to be calibrated semiannually; and 2. It certified annually that operating procedures are current and accurate, as required by 40 C.F.R. 68.69{c), because Facility representatives could not produce documentation of certification of operating procedures for calendar years 2021, 2022, and 2023. Additionally, based on additional information gathered after the inspection, the EPA alleges that the Respondent violated the Act's Section 112(r)(7) Chemical Accident Prevention Provisions, 42 U.S.C. 7412{r)(7), by failing to: 3. Change the emergency contact information within one month of any change, as required by 40 C.F.R. 68.195{b), because the individual currently named as the emergency contact left the company on February 28, 2025, and as of August 25, 2025, Respondent had not submitted a notice to correct its emergency contact information accordingly. In consideration of such factors as Respondent's size, its full compliance history, its good faith efforts to comply, the duration and seriousness of the violation, and other factors as justice may require, the Parties enter into this ESA to settle the violation(s) cited above, for the total penalty amount of $3,700.

Defendants (1)

• ASSOCIATED WHOLESALE GROCERS, INC.Named in complaintNamed in settlement

Facilities (1)

• ASSOCIATED WHOLESALE GROCERS, INC

  500 SOUTH CARTWRIGHT STREET, GOODLETTSVILLE, TN, 37072-1867

  Registry ID: 110009447982

Statutes cited

• CAA 112[R][7] — Prevention of Accidental Release/Risk Management Plans (RMPs)

Enforcement conclusions (1)

• ASSOCIATED WHOLESALE GROCERS, INC.entered 2026-06-11

  Primary law: CAA

  Federal penalty: $3,700

Timeline (3 milestones)

• 2026-06-11Final Order Issued
• 2026-06-11Complaint Filed/Proposed Order
• 2026-07-14Enforcement Action Data Entered