EPA v. Congdon Packing Company, LLC

Case summary

On August 21, 2023, Region 10 entered a consent agreement and final order with Congdon Packing Company, LLC (operator) and D&H Properties Yakima, LLC (owner), for violations of the Clean Air Act (CAA) at its anhydrous ammonia refrigeration facility in Yakima, Washington. Region 10 alleges Congdon Packing Company, LLC and D&H Properties Yakima, LLC, violated the risk management provisions of Section 112(r)(7) of the Clean Air Act, 42 U.S.C. ? 7412(r)(7), and the Risk Management Program regulations at 40 C.F.R. Part 68. These provisions are aimed at preventing accidental releases of chemicals that can have serious consequences for public health, safety, and the environment. In November 2021 the owner removed ammonia from the refrigeration system and sold the facility. According to EJScreen, this facility is an area of potential EJ concern for indexes in the State Percentile and USA Percentile. Under the terms of the agreement, the company paid a penalty of $194,302.

Defendants (1)

• Congdon Packing Company, LLCNamed in complaintNamed in settlement

Facilities (1)

• HANSEN FRUIT MEAD AVE

  10 E MEAD AVE, YAKIMA, WA, 98903-3712

  Registry ID: 110015497899

Statutes cited

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

Enforcement conclusions (1)

• Congdon Packing Company, LLCentered 2023-08-21

  Primary law: CAA

  Federal penalty: $194,302

Timeline (4 milestones)

• 2022-03-23Enforcement Action Data Entered
• 2023-08-21Complaint Filed/Proposed Order
• 2023-08-21Final Order Issued
• 2023-09-26Enforcement Action Closed