EPA v. BC Systems (CAA112r-09-2021-0012) - Final Order

Case summary

The U.S. Environmental Protection Agency (EPA) announced a settlement with the corporation BC Systems/Fresh Express (BC Systems) to resolve violations of the federal Clean Air Act and Emergency Planning and Community Right-to-Know Act. BC Systems will pay a $186,975 civil penalty for violating chemical accident prevention requirements at the company's storage and distribution facilities in Yuma, Arizona, and Salinas, California. BC Systems industrial refrigeration systems use anhydrous ammonia, a toxic chemical highly corrosive to skin, eyes and lungs. Several violations were found during EPA inspections in 2017 and 2018: Failure to meet the Clean Air Act's chemical accident prevention requirements to safely manage anhydrous ammonia. Failure to meet the Clean Air Act's risk management program requirements for ammonia refrigeration system hazard review, pipe and instrument labeling, operating procedures, and maintaining mechanical integrity. Failure to meet the Emergency Planning and Community Right-to-Know Act requirements to accurately submit chemical inventory information regarding the ammonia to the States of Arizona and California and local emergency response agencies.

Defendants (2)

• Trinidad Ramirez, Compliance Manager
• BC Systems, Inc.Named in complaintNamed in settlement

Facilities (2)

• NEWSTAR FRESH FOODS, LLC.

  6581 CATTLE DRIVE, YUMA, AZ, 85365

  Registry ID: 110002054856

• BC SYSTEMS INC

  1341 MERRILL ST, SALINAS, CA, 93901

  Registry ID: 110043223008

Statutes cited

• EPCRA 312 — Emergency and Hazardous Chemical Inventory Forms
• CAA 112[R][1] — Prevention of Accidental Release/General Duty Clause

Enforcement conclusions (1)

• BC Systems (CAA112r-09-2021-0012) - Final Orderentered 2020-12-21

  Primary law: CAA

  Federal penalty: $186,975

Timeline (3 milestones)

• 2020-12-21Complaint Filed/Proposed Order
• 2020-12-21Final Order Issued
• 2020-12-29Enforcement Action Data Entered