EPA v. American Seafoods Group LLC

Case summary

The United States and American Seafoods Company LLC and Pacific Longline Company LLC (Defendants) have signed a consent decree settling violations of the Clean Air Act arising out of Defendants inadequate management of ozone depleting substances (ODS). On June 14, 2012, the proposed consent decree was lodged in the federal district court for the Western District of Washington. Notice of the lodging was published in the Federal Register on June 28, 2012, and public comments on the decree will be accepted for thirty days. Defendants American Seafoods Company LLC and Pacific Longline Company LLC, two affiliated seafood processing companies used R-22, a regulated ODS, as a refrigerant in their industrial process refrigeration units aboard their catcher-processer vessels in order to produce frozen seafood products. Between 2006 and 2009, Defendants committed the following violations of Title VI requirements: illegal importation of ODS to the U.S., failures to repair ODS leaks from regulated appliances within specified timeframes, failures to verify the adequacy of repairs, failures to keep records of regulated activities, and performance of ODS-related work by uncertified employees. This settlement represents Region 10�s largest civil penalty to-date for enforcement of CAA Title VI requirements. In addition to paying a $700,000 civil penalty, American will spend an estimated $9 to $15 million to convert the industrial refrigeration systems on its vessels to non-ozone depleting (non-ODS) refrigerant, and will purchase and retire 70,000 kg of R-22 consumption allowances at an estimated total cost of $462,000. Defendants will also conduct a one-time comprehensive leak inspection and repair program aboard their vessels prior to their switch-over to a non-ODS refrigerant system. Further, the complying actions required by this settlement will result in a reduction of chlorodifluoromethane (R-22) releases to the atmosphere of over 230,000 pounds. The terms of the settlement are subject to public notice and comment prior to entry.

Defendants (1)

• American Seafoods Group LLCNamed in complaintNamed in settlement

Facilities (1)

• AMERICAN SEAFOODS COMPANY LLC

  9360 GLACIER HIGHWAY SUITE 202, JUNEAU, AK, 99801

  Registry ID: 110038458380

Statutes cited

• CAA 608 — National Recycling & Emission Reduction Program

Enforcement conclusions (1)

• American Seafoods Group LLCentered 2012-08-06

  Primary law: CAA

  Federal penalty: $700,000

Timeline (6 milestones)

• 2010-09-28Referred To Dept Of Justice
• 2010-10-04Enforcement Action Data Entered
• 2012-06-14Complaint Filed With Court
• 2012-08-06Final Order Entered
• 2012-08-06Final Order Lodged
• 2012-08-06Concluded