EPA v. Smith Frozen Foods, Inc.

Case summary

On July 5, 2022, Region 10 entered a consent agreement and final order with Smith Frozen Foods, Inc., for violations of the Clean Air Act (CAA) at its anhydrous ammonia refrigeration facility in Weston, Oregon. Region 10 alleges Smith Frozen Foods, Inc., 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. The most serious allegations involve Smith Frozen Foods, Inc's failure to have written operating and maintenance procedures for refrigeration equipment in preventing an ammonia release that could impact the community surrounding its facility. From May 2020 to August 2020, Smith Frozen Foods had three reported anhydrous ammonia releases. Under the terms of the agreement, the company paid a penalty of $100,000.

Defendants (1)

• Smith Frozen Foods, Inc.Named in complaintNamed in settlement

Facilities (1)

• LAKESIDE FOODS, INC.

  101 DEPOT ST, WESTON, OR, 97886

  Registry ID: 110072153464

Statutes cited

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

Enforcement conclusions (1)

• Smith Frozen Foods, Inc.entered 2022-07-05

  Primary law: CAA

  Federal penalty: $100,000

Timeline (3 milestones)

• 2022-04-19Enforcement Action Data Entered
• 2022-07-05Final Order Issued
• 2022-07-05Complaint Filed/Proposed Order