06/20/2016
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Under a Consent Decree filed today, JSB Industries, Inc. has agreed to pay $156,000 in civil penalties and provide emergency response equipment expected to cost $119,000 to fire departments in Chelsea and Lawrence. The Consent Decree resolves claims in a Complaint filed by the U.S. Department of Justice on behalf of EPA simultaneously with the Consent Decree, including failure to comply with accident prevention and mitigation provisions of the Clean Air Act, hazardous chemical reporting requirements of the Emergency Planning and Community Right-to-Know Act, and chemical release notification requirements of the Comprehensive Environmental Response, Compensation, and Liability Act.
The Chelsea and Lawrence facilities are in densely populated, urban neighborhoods, in close proximity to residences and other businesses. Among other things, EPA alleged that violations occurred at JSB's Chelsea facility where, in April 2009, approximately 2,000 pounds of anhydrous ammonia was accidentally released from a refrigeration system there. Anhydrous ammonia is an extremely hazardous chemical that is corrosive to skin, eyes, and lungs, can be immediately dangerous to life and health, and under certain conditions, is flammable and explosive. The 2009 Chelsea release exposed two firefighters to anhydrous ammonia, one of whom was hospitalized for medical treatment and triggered a shelter-in-place order by local authorities.
"Facilities that use hazardous substances, including anhydrous ammonia and sulfuric acid, have an obligation to carefully follow safety standards designed to protect nearby communities," said Curt Spalding, regional administrator of EPA's New England office. "This case illustrates the importance of complying with chemical accident planning, prevention and mitigation requirements, and underscores the critical role played by community right-to-know laws in helping prevent public health or environment harm from the release of hazardous chemicals and other potentially dangerous conditions resulting from chemical use."
The alleged violations include JSB’s failure to comply with the "general duty clause" of the Clean Air Act under which facilities using hazardous chemicals must identify hazards, design and maintain the facility in a safe manner by taking action to prevent accidental releases, and take steps to minimize the consequences of any accidental releases that do occur. Other violations alleged in the Complaint include the failure to notify national and state emergency response authorities about the ammonia release and failure to submit hazardous chemical inventory forms to state and local emergency response agencies.
The emergency response equipment to be provided under the settlement will enhance the Chelsea and Lawrence communities' emergency preparedness and improve their abilities to effectively respond to the release of hazardous chemicals. The equipment will help these communities better protect their residents and workers, many of whom are members of low-income and minority groups that may be disproportionately affected by the risks of environmental contamination. Among other things, the equipment provided under the settlement will help improve Chelsea's and Lawrence's abilities to rescue their citizens from environmental hazards, isolate and remove water contaminants, monitor and detect hazardous conditions, gain entry to confined spaces, and clean and maintain protective gear.
Failure to submit chemical inventory forms can put emergency responders at risk by withholding information regarding the presence and amounts of hazardous chemicals at a facility. EPA alleged that prior to the 2009 release, JSB failed to inform emergency response officials as required about its use of ammonia at the Chelsea facility. In this case, the failure to report may have substantially increased the risks of the release because the fire fighters who first arrived at the scene appear to have been completely unaware of the presence of ammonia at that location.
JSB is a family-owned company that does business as "Muffin Town." JSB operates out of its headquarters at 130 Crescent Street in Chelsea and from a newer facility at 309 Andover Street in Lawrence. The Chelsea facility is owned by 130 Crescent Ave. Realty Trust and the Lawrence facility is owned by JMG Andover Street Realty, LLC, both of which are closely affiliated with JSB President Jack Anderson. Under the terms of the Consent Decree, the defendants do not admit liability for the violations alleged by the government.
While JSB continues to use sulfuric acid (a regulated chemical) in heavy equipment batteries at its Chelsea and Lawrence locations, the company did remove the ammonia-based refrigeration system in Chelsea and replaced it, in 2012, with a less inherently dangerous nitrogen-based unit.
More information:
- The proposed Consent Decree is subject to a 30-day public comment period and final court approval. For more information, copies of the Complaint and the Consent Decree will be available on the Department of Justice website (www.justice.gov/enrd/consent-decrees)
- EPA information on Risk Management Plan requirements under the Clean Air Act (www.epa.gov/rmp)
- EPA information on General Duty Clause requirements under the Clean Air Act (PDF) (55 pp, 735 K, About PDF) (www.epa.gov/sites/production/files/2013-10/documents/gdcregionalguidance.pdf)
- EPA information on Emergency Planning and Community Right to Know (EPCRA) (www.epa.gov/laws-regulations/summary-emergency-planning-community-right-know-act)