EPA v. KA WAH TRADING INC. D/B/A EXCEL FOOD SERVICE

Case summary

AUGUST 31, 2026 - CONSENT AGREEMENT On March 10, 2020, the EPA conducted an on-site inspection of the Facility for the purpose of assessing the Respondent?s compliance with the General Duty Clause requirements at the Facility. At the time of the March 10, 2020, inspection, EPA inspectors observed the following:(a) corrosion and pitting of piping in ammonia refrigerant service; (b) numerous expired pressure relief valves; (c) excessive ice buildup around the king valve; (d) the oil drain line on the pump did not have a self-closing/quick-closing valve; and (e) the Respondent had no process and instrumentation diagram, hazard assessment, preventative maintenance records, ammonia sensor calibration records, emergency response plan, or documentation of the total amount of ammonia in the refrigeration system. On March 24, 2022, a release of anhydrous ammonia above the RQ under EPCRA and CERCLA occurred at the Facility. The March 24, 2022, release of anhydrous ammonia resulted in the potential for exposure to persons beyond the site or sites on which the Facility is located. Respondent failed to immediately notify the SERC, LEPC, and NRC as soon as Respondent had knowledge of the release of anhydrous ammonia in an amount equal to or greater than its RQ at Respondent?s Facility. On November 8, 2022, the EPA issued a CAA Section 114 information request for the purpose of assessing the Respondent?s compliance with the General Duty Clause requirements at the Facility. Respondent provided responses to the EPA?s information request on December 6, 2022. Based on information obtained through the EPA?s information request, EPA determined the following: (a) at the time of the March 24, 2022, release, no alarm or notification system alerted the Respondent that a release was occurring; and (b) the Respondent had no hazard assessment for the ammonia refrigeration system; no standard operating procedures for the ammonia refrigeration system; and an inadequate emergency action plan. Respondent is required under 29 C.F.R. ?1910.1200(g) to prepare or have available an MSDS for hazardous chemicals under OSHA for anhydrous ammonia. Respondent failed to submit a completed Emergency and Hazardous Chemical Inventory Form for anhydrous ammonia to the SERC, LEPC, and fire department with jurisdiction over the Facility for calendar years 2022 and 2023 by March 1 of the following calendar years. On June 5, 2024, 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 February 25, 2025, the EPA conducted another on-site compliance inspection of the Facility for the purpose of assessing the Respondent?s compliance with the General Duty Clause requirements at the Facility. At the time of the February 25, 2025, inspection, EPA observed the following: (a) the Respondent had no hazard assessment for the ammonia refrigeration system; no standard operating procedures for the ammonia refrigeration system; no emergency response plan; and (b) some components of the ammonia refrigeration system had accumulated excessive ice. Respondent agrees to a civil penalty in the amount of $20,000, to be paid within thirty (30) calendar days after the Effective Date of this CAFO. Based on Respondent?s documented ability to pay claim, and in accordance applicable laws, EPA conducted an analysis of Respondent?s financial information and determined that the Assessed Penalty is an appropriate amount to settle this action.

Defendants (1)

• KA WAH TRADING INC. D/B/A EXCEL FOOD SERVICENamed in complaintNamed in settlement

Facilities (1)

• EXCEL FOOD SERVICE

  2540 SHADER ROAD, ORLANDO, FL, 32804

  Registry ID: 110070692820

Statutes cited

• EPCRA 312 — Emergency and Hazardous Chemical Inventory Forms
• CERCLA 103A — Notification of Hazardous Reportable Quantity Release
• EPCRA 304 — Emergency Release Notification Section 313 Program
• CAA 112R — General Duty/Accidental Release

Enforcement conclusions (1)

• KA WAH TRADING INC. D/B/A EXCEL FOOD SERVICEentered 2026-08-31

  Primary law: CAA

  Federal penalty: $20,000

Timeline (3 milestones)

• 2026-08-31Final Order Issued
• 2026-08-31Complaint Filed/Proposed Order
• 2026-09-15Enforcement Action Data Entered