EPA v. CITROSUCO NORTH AMERICA, INC.

Case summary

CONSENT AGREEMENT FINAL ORDER: 09/01/2026 This is an administrative penalty assessment proceeding brought under Section 113{d) of the Clean Air Act ( CAA or the Act ), 42 U.S.C. 7413{d), and Sections 22.13{b) and 22.18 of the Consolidated Rules of Practice Governing the Administrative Assessment of Civil Penalties and the Revocation/Termination or Suspension of Permits (Consolidated Rules), as codified at Title 40 of the Code of Federal Regulations {C.F.R.), Part 22. This Consent Agreement and the attached Final Order shall collectively be referred to as the CAFO. 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, 111,000 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 March 7, 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. Based on 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 document that equipment complies with RAGAGEP, 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 reflect current operating practice, including changes that result from changes in process chemicals, technology, and equipment, and changes to stationary sources, and failed to certify annually that these operating procedures are current and accurate, as required by 40 C.F.R. 68.69(c); (c) Failed to ensure inspection and testing procedures followed RAGAGEP, as required by 40 C.F.R. 68.73(d)(2); (d) Failed to promptly determine and document an appropriate response to each of the findings of the compliance audit, and document that deficiencies have been corrected, as required by 40 C.F.R. 68.79{d); (e) Failed to document annual coordination with local authorities, including: The names of individuals involved and their contact information (phone number, email address, and organizational affiliations); dates of coordination activities; and nature of coordination activities, as required by 40 C.F.R. 68.93(c); (f) Failed to revise and update the RMPlan at least once every five years from the date of its initial submission or most recent update, as required by 40 C.F.R. 68.190(b)(l); and (g) Failed to update the emergency contact information within one month of any change, as required by 40 C.F.R. 68.195(b). Respondent agrees to a civil penalty in the amount of $179,634 ( Assessed Penalty ), to be paid within thirty (30) calendar days after the Effective Date of this CAFO.

Defendants (1)

• CITROSUCO NORTH AMERICA, INC.Named in complaintNamed in settlement

Facilities (2)

• CITROSUCO NORTH AMERICA, INC.

  5937 HIGHWAY 60 EAST, LAKE WALES, FL, 33859

  Registry ID: 110000588926

• CITROSUCO NORTH AMERICA, INC.

  5937 HIGHWAY 60 EAST, LAKE WALES, FL, 338983950

  Registry ID: 110071086168

Statutes cited

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

Enforcement conclusions (1)

• CITROSUCO NORTH AMERICA, INC.entered 2026-09-01

  Primary law: CAA

  Federal penalty: $179,634

Timeline (3 milestones)

• 2026-09-01Final Order Issued
• 2026-09-01Complaint Filed/Proposed Order
• 2026-09-08Enforcement Action Data Entered