SAN FRANCISCO – The U.S. Environmental Protection Agency (EPA) today announced settlements with two companies—Del Mar Food Products Corp. and S. Martinelli & Co.—to resolve claims of Clean Air Act and Emergency Planning and Community Right-to-Know Act violations at their Watsonville, Calif., facilities. These federal laws are designed to ensure the safe manufacture, use, storage, and handling of anhydrous ammonia, a toxic substance used as a refrigerant at food and beverage production facilities.
“Anhydrous ammonia is toxic and can threaten workers, first responders and the public, so it’s imperative that facilities using this chemical follow federal requirements to prevent accidents,” said EPA Pacific Southwest Regional Administrator Martha Guzman. “EPA will hold to account companies that don’t comply with environmental laws.”
Del Mar Food Products Corp. utilizes anhydrous ammonia refrigeration systems at its frozen fruit and vegetable production facility in Watsonville. Following a September 2021 inspection and subsequent investigation, EPA identified that the company failed to provide appropriate measures to mitigate risks in the operation of these refrigeration systems, such as ventilation design and calibration of release sensors. As part of the settlement, the company will pay a $131,420 penalty.
S. Martinelli & Co. produces primarily apple juice, and its two facilities in Watsonville utilize anhydrous ammonia refrigeration systems to refrigerate the company’s juice products. Following a September 2021 inspection and subsequent investigation, EPA identified that the company failed to design and maintain a safe facility and failed to minimize the consequences of an accidental release, including not constructing its ammonia machinery rooms and related equipment to meet safety standards. Although the company has made significant changes, the settlement with EPA includes tasks that the company must complete to come back into compliance with federal regulations, including demonstrating to EPA that fire resistance modifications have been installed and are functioning at one of its facilities. As part of the settlement, the company will also pay a $127,828 penalty. In addition, the company agreed to complete a supplemental environmental project valued at $67,000 to purchase emergency response equipment for the Watsonville Fire Department.
A supplemental environmental project is an environmentally beneficial project or activity that is not required by law, but that a party agrees to undertake as part of the settlement of an enforcement action. Such projects or activities go beyond what could legally be required of the defendant, and secure environmental and/or public health benefits in addition to those achieved by compliance with the law.
EPA’s Clean Air Act Risk Management Program (RMP) regulations work to prevent accidental chemical releases in our communities and the environment. Facilities holding more than a threshold quantity of a regulated substance are required to comply with EPA’s RMP regulations. The regulations require owners or operators of covered facilities to implement a risk management program and to submit a risk management plan to EPA.
Learn more about the Risk Management Program rule.
Learn about the National Enforcement and Compliance Initiative on reducing risks of accidental releases at industrial and chemical facilities.
For more information on reporting possible violations of environmental laws and regulations visit EPA’s enforcement reporting website.
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