EPA fines Gloucester, Mass. company for alleged violations of the Clean Air Act

EPA fines Gloucester, Mass. company for alleged violations of the Clean Air Act

June 25, 2024

BOSTON (June 25, 2024) - The Environmental Protection Agency has reached a settlement with a seafood processor in Gloucester, Massachusetts, resolving alleged violations of the General Duty Clause of Section 112(r) of the Clean Air Act. The violations stem from the company's handling of anhydrous ammonia at its facility. NSDJ Real Estate, LLC, Gloucester Cold Storage, and NSD Seafood Inc. d/b/a Atlantic Fish and Seafood have agreed to pay a $25,000 penalty, finish addressing a final compliance action, and implement two Supplemental Environmental Projects ("SEPs"). The SEPs, which are estimated to cost $129,000, involve installing equipment that will eliminate a common source of ammonia leakage and donating ammonia emergency response equipment to the Gloucester Fire Department to support its chemical accident response capabilities.

"EPA's mission is rooted in safeguarding all communities from pollution, including chemical releases," said EPA New England Regional Administrator David W. Cash. "This is even more critical with the changing climate and the increased vulnerabilities associated with facilities situated in populated or hurricane-prone areas."

Atlantic Fish uses two ammonia refrigeration systems to maintain the needed temperatures for the processing and storage of seafood products. Anhydrous ammonia is an efficient refrigerant with low global warming potential, but it must be handled with care because it is toxic and highly corrosive to the skin, eyes, and lungs.

The facility is in an urban setting alongside Gloucester's Inner Harbor in a large and densely populated residential area. It is near hundreds of homes, restaurants and other businesses, an elementary school, and houses of worship.

An EPA inspection revealed multiple deviations from the GDC requirements to design and maintain a safe facility, taking such steps as are necessary to prevent releases, and to minimize the consequences of accidental releases that do occur. EPA consults industry standards of care to determine what it means to violate these requirements, and Respondents deviated from many of these standards. Respondents have corrected most of the deficiencies identified by EPA.

Background

The goal of Section 112(r) of the Clean Air Act is to prevent accidental releases of substances that can cause serious harm to the public and the environment from short-term exposures and to mitigate the severity of releases that do occur. Failure to comply with the section's General Duty Clause requirements to identify hazards, design and maintain a safe facility, and take steps to limit and mitigate the harm from accidental releases of extremely hazardous substances puts the local population and environment at risk.

More information:

EPA information on the General Duty Clause requirements of Section 112(r) of the Clean Air Act: https://www.epa.gov/rmp/general-duty-clause-under-clean-air-act-section-112r1.

EPA information on Compliance Assistance Tools and Resources for the Ammonia Refrigeration Sector (pdf)(161 KB): https://www.epa.gov/sites/default/files/2017-11/documents/complianceassistance-ammoniarefrigerationsector0617.pdf.