EPA v. Berkshire Refrigerated Warehousing, LLC (Chicago IL) ESA

Case summary

On June 28, 2012, an EPA representative conducted a compliance inspection of Respondent to determine compliance with the Risk Management Program (RMP) regulations promulgated pursuant to Section 112 (r) of the Clean Air Act. Based on that inspection, EPA determined that: 1. 40CFR 68.67(e) Respondent failed to establish a system to promptly address the process hazard analysis; 2. 40CFR 68.67(f) Respondent failed to timely revalidate the process hazard analysis five years after the completion of the initial process hazard analysis; 3. 40CFR 68.73 (d)(!) Respondent failed to perform inspections and tests on process equipment; 4. 40CFR 68.79(a) Respondent failed to timely conduct a compliance audit every three years; 5. 40 CFR 68.79(d) Respondent failed to address the deficiencies discovered during the compliance audit; 6. 40CFR 68.87(b) Respondent failed to obtain and evaluate information on contractors' safety performance and programs prior to selecting the contractors, and 7. 40 CFR 68.190(b)(1) Respondent failed to revise and update its risk management plan.

Defendants (1)

• Berkshire Refrigerated Warehousing, LLCNamed in complaintNamed in settlement

Facilities (1)

• BERKSHIRE REFRIGERATED WAREHOUSING, LLC

  4550 SOUTH PACKERS AVENUE, CHICAGO, IL, 60609

  Registry ID: 110023012728

Statutes cited

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

Enforcement conclusions (1)

• Berkshire Refrigerated Warehousing, LLC (Chicago IL) ESAentered 2015-10-08

  Primary law: CAA

  Federal penalty: $5,940

Timeline (6 milestones)

• 2015-10-08Compliance Achieved
• 2015-10-08Enforcement Action Data Entered
• 2015-10-08Complaint Filed/Proposed Order
• 2015-10-08Final Order Issued
• 2015-10-08Enforcement Action Closed
• 2015-10-08Pipeline Closed