EPA v. SMITHFIELD FRESH MEATS CORP.

Case summary

June 01, 2026 - Consent Agreement Respondent is the owner and/or operator of the Facility, which is a stationary source as that term is defined by Section 112(r)(2)(C) of the Act, 42 U.S.C. 7412(r)(2)(C). Respondent has registered an RMPlan with the EPA for its Facility and has developed an RMProgram accidental release prevention program for the Facility. At its Facility: (a) Respondent operates an ammonia refrigeration plant. (b) At all times relevant to the violations alleged in Section V of this Consent Agreement, Respondent had on-site for use, 367,279 pounds of Anhydrous Ammonia. (c) Respondent has one RMProgram level 3 covered process, which stores or otherwise uses Anhydrous Ammonia in an amount exceeding its applicable threshold of 10,000 pounds. On July 18, 2024, and July 19, 2024, the EPA conducted an on-site inspection of the RMProgram related records and equipment for the purpose of assessing the Respondent's compliance with the RMProgram requirements and the implemented recognized and generally accepted good engineering practices (RAGAGEP) for its covered process at its Facility. On July 1, 2025, the EPA issued to Respondent a Notice of Potential Violation ( NOPV ), providing notice that the EPA found that Respondent potentially committed the alleged violations described in Section V of this Consent Agreement and providing Respondent an opportunity to confer with the EPA. On August 7, 2025, representatives of Respondent and the EPA held a meeting to discuss the NOPV. Based on the EPA's compliance monitoring investigation, the EPA alleges that the Respondent violated 40 C.F.R. Part 68, the codified rules governing the Act's Chemical Accident Prevention Provisions and Section 112(r) of the Act, 42 U.S.C. 7412(r) when it: (a) Failed to ensure and document that equipment complies with recognized and generally accepted good engineering practices, as required by 40 C.F.R. 68.65(d)(2); (b) Failed to review operating procedures as often as necessary to assure that they accurately reflect current operating practice, including changes that result from changes in process chemicals, technology, and equipment, and changes to stationary sources. The owner or operator shall certify annually that these operating procedures are current and accurate, as required by 40 C.F.R. 68.69(c); and (c) Failed to implement written procedures to manage changes (except for replacements in kind ) to process chemicals, technology, equipment, and procedures; and changes to stationary sources that affect a covered process, as required by 40 C.F.R. 68.75(a). Respondent agrees to a civil penalty in the amount of $27,001 ( Assessed Penalty ), to be paid within thirty (30) calendar days after the Effective Date of this CAFO.

Defendants (1)

• SMITHFIELD FRESH MEATS CORP.Named in complaintNamed in settlement

Facilities (1)

• SMITHFIELD PACKING COMPANY INCORPORATED - TAR HEEL

  15855 NC HIGHWAY 87, TAR HEEL, NC, 28392-9307

  Registry ID: 110007377338

Statutes cited

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

Enforcement conclusions (1)

• SMITHFIELD FRESH MEATS CORP.entered 2026-06-01

  Primary law: CAA

  Federal penalty: $27,001

Timeline (3 milestones)

• 2026-06-01Complaint Filed/Proposed Order
• 2026-06-01Final Order Issued
• 2026-07-08Enforcement Action Data Entered