EPA v. NABISCO BISCUIT CO

Case summary

NABISCO OWNS AND OPERATES A FACILITY WHICH PRODUCES YEAST LEAVENED FOOD PRODUCTS IN FAIR LAWN, NEW JERSEY. IN THE COURSE OF PRODUCTION, THE YEAST PRODUCES ETHYL ALCOHOL, A VOLATILE ORGANIC SUBSTANCE WHOSE EMISSION IS REGULATED BY THE NEW JERSEY ADMINISTRATIVE CODE, (NJAC) TITLE 7, CHAPTER 27, SUBCHAPTER 16 AT 16.6, SOURCE OPERATIONS OTHER THAN STORAGE TANKS, TRANSFERS, OPEN TOP TANKS, SURFACE CLEANERS, SURFACE COATERS AND GRAPHIC ARTS OPERATIONS. SINCE AT LEAST 1/1/90, THE NABISCO FACILITY HAS BEEN EMITTING ETHYL ALCOHOL IN VIOLATION OF THE NJAC LIMITS. THE PROPOSED RELIEF SOUGHT IS AN INJUNCTION MANDATING THAT NABISCO'S VOS EMISSIONS COMPLY WITH APPLICABLE REGULATIONS AND PENALTIES FOR THEIR PAST VIOLATIONS. VIOLATIONS WERE BASED UPON NABISCO'S RESPONSE TO A SECTION 114 LETTER AND EMISSION CALCULATIONS DONE USING AP-42. * FACILITY ADDRESS: 2211 ROUTE 208 FAIRLAWN, NJ 07410 * OWNERSHIP: PRIVATE

Defendants (3)

• NABISCO BISCUIT CONamed in complaintNamed in settlement
• NEW JERSEY, STATE OF
• RJR NABISCO INC

Facilities (2)

• GREEK DEVELOPMENT INC

  2211 RTE 208, FAIR LAWN, NJ, 07410

  Registry ID: 110000319913

• GREEK DEVELOPMENT INC

  2211 RTE 208, FAIR LAWN, NJ, 07410

  Registry ID: 110000319913

Statutes cited

• CAA 110 — Implementation Plan for National Primary and Secondary Ambient Air Quality Standards

Enforcement conclusions (1)

• NABISCO, INC.entered 1993-02-01

  Primary law: CAA

  Federal penalty: $358,000

Timeline (8 milestones)

• 1991-06-25Enforcement Action Data Entered
• 1991-06-25PRN Sent
• 1992-10-13Referred To Dept Of Justice
• 1992-11-25Complaint Filed With Court
• 1993-02-01Final Order Lodged
• 1993-02-01Final Order Entered
• 1993-02-01Concluded
• 1996-01-03Enforcement Action Closed