EPA v. TRIDENT SEAFOODS CORPORATION

Case summary

On May 20, 2019, the Consent Decree between U.S. Department of Justice and Trident Seafoods Corporation at its subsidiaries Royal Viking, Inc. and Golden Dawn, LLC was entered by the US District Court in the Western District of Washington. Trident Seafoods Corporation is a seafoods processing company headquartered in Seattle, Washington that operates a fleet of seafood catching and processing vessels throughout the Alaskan fisheries. Between 2009 and 2016, Trident violated several regulations promulgated under Title VI of the Clean Air Act (Protection of Stratospheric Ozone). Defendants own and operate five factory processor/freighter vessels and nearly 30 catcher and tender vessels that operate in Alaska. In addition, Trident owns and operates 10 land-based processing plants in Alaska and seven land-based processing plants in Washington and Oregon. Within these vessels and facilities, Trident uses ozone-depleting substances (ODS) as refrigerants, i.e. chlorofluorocarbons, or CFCs, and hydrochlorofluorocarbons, or HCFCs, in its commercial and industrial process refrigeration appliances. The size of these appliances ranges from less than 50 pounds of refrigerant to greater than 5,000 pounds of refrigerant. The stratospheric ozone layer protects the earth by blocking harmful ultraviolet (UV-A and UV-B) radiation emitted by the sun. Releases of Class I and Class II substances (CFCs and HCFCs) cause the ozone layer to deteriorate at a rate faster than it can be replenished. The deterioration of the ozone layer reduces its effectiveness as a protective barrier, allowing more harmful ultraviolet radiation to reach the surface of the earth. To curtail future releases of ODS used in refrigeration appliances, EPA promulgated the Recycling and Emission Reduction Regulations in 40 C.F.R. Part 82, Subpart F. The violations at issue include: failure to repair leaking appliances, or conduct leak repair verification tests, failure to keep adequate records, allowing uncertified technicians to service appliances, and failing to maintain a certified recovery device at Defendants? place of business where an appliance was opened for service. As a result, Defendants allowed over 200,000 pounds of refrigerant to be released into the ozone layer. The Consent Decree requires defendants to conduct routine leak inspections of all appliances, promptly repair leaks, install leak detectors to monitor appliances for leaks, add fluorescent dye into appliances to assist staff in detecting leaks, compile information to assist in identifying common failure points on appliances, and train employees to properly manage the appliances. In addition, the settlement sets a corporate-wide refrigerant leak cap and requires Trident to retain a 3rd-party auditor to review the company?s compliance with the consent decree and regulations. Defendants estimate that the companies will spend nearly $3.5 million to complete required injunctive relief and bring its operations into compliance with the Clean Air Act. In addition, the Consent Decree requires Defendants to retrofit or retire 14 appliances on ten (10) vessels to use non-ozone depleting substances. The refrigerant capacity on these ten vessels accounts for over 90% of the refrigerant used by Defendants across its fleet and land-based facilities. The retrofits will cost up to $18,365,084. However, Trident could elect to retire the vessels to avoid the costs of retrofits. Defendants have also committed to retrofitting nine appliances on four vessels to use a non-ozone depleting substance as a supplemental environmental project (SEP). Defendants estimate that the SEP will cost $955,200. In addition to these compliance costs, the Consent Decree also requires Defendants to pay a civil penalty of $900,000.

Defendants (1)

• TRIDENT SEAFOODS CORPORATIONNamed in complaintNamed in settlement

Facilities (3)

• TRIDENT SEAFOODS CORP

  5303 SHILSHOLE AVE NW, SEATTLE, WA, 98107-

  Registry ID: 110011383001

• TRIDENT SEAFOODS CORP

  5303 SHILSHOLE AVE NW, SEATTLE, WA, 98107-

  Registry ID: 110011383001

• TRIDENT SEAFOODS CORP

  5303 SHILSHOLE AVE NW, SEATTLE, WA, 98107-

  Registry ID: 110011383001

Statutes cited

• CAA 608 — National Recycling & Emission Reduction Program

Enforcement conclusions (3)

• TRIDENT SEAFOODS CORPORATIONentered 2024-06-14

  Primary law: CAA

• TRIDENT SEAFOODS CORPORATIONentered 2025-12-12

  Primary law: CAA

• TRIDENT SEAFOODS CORPORATIONentered 2019-05-20

  Primary law: CAA

  Federal penalty: $900,000 · SEP: $955,200

Timeline (5 milestones)

• 2014-09-25Referred To Dept Of Justice
• 2014-10-01Enforcement Action Data Entered
• 2019-02-19Complaint Filed With Court
• 2025-12-12Final Order Lodged
• 2025-12-12Final Order Entered