EPA v. PAN AMERICAN GRAIN, MFG INC

Case summary

REFERRAL TO JUSTICE ON SEPTEMBER 30, 1996. THE DEFENDANT HAS VIOLATED SECTION 110 OF THE CAA, WHICH REQUIRES THAT FACILITIES COMPLY W/ APPLICABLE SIP DEVELOPED BY A STATE TO ENSURE THAT THE NATIONAL AMBIENT AIR QUALITY STANDARDS ARE MET IN ITS BOUNDARIES BY A SPECIFIC DEADLINE. SPECIFICALLY, DEFENDANT HAS NOT COMPLIED W/ PM EMISSION EMISSION CONTROL & TESTING STANDARDS OF RULE 423 OF THE PR SIP AT THREE (3) OF ITS FACILITIES THAT ARE ALL LOCATED IN A NON-ATTAINMENT AREA FOR PM-10. EPA REQUESTS THAT JUSTICE FILE A CIVIL ACTION SEEKING INJUNCTIVE RELIEF AND CIVIL PENALTIES. SPECIFICALLY, EPA REQUESTS THAT JUSTICE SEEK CIVIL PENALTIES AND COMPLIANCE THROUGH AN ENFORCEABLE SCHEDULE INCORPORATED IN A CONSENT DECREE (OR BY COURT ORDER IF SETTLEMENT IS NOT REACHED). 1. ARMY TERMINAL - PUERTO NUEVO, GUAYNABO, PR 2. ARROZ RICO -CONER CENTRAL ST & SAN PABLO ST, AMELIA WARD 3. AMELIA FACILITY LOT 4E ST AMELIA INDUSTRIAL PARK, GUAYNA ABOVE FACILITIES ARE ALL LOCATED IN GUAYNABO, PR. * 09/30/96 - REFERRED TO DOJ * 05/07/97 - REFERRED- LITIGATION ADDEMNDUM REPORT: ON 1/31/97 EPA CONDUCTED INSPECTIONS AT PAGM'S 3 FACILITIES & DISCOVERED ADDITIONAL VIOLATION OF THE PR SIP NOT ADDRESSED IN THE 9/96 REFERRAL (CAA 113B). * 02/26/98 - COMPLAINT FILE (DOCKET PROVIDED W/ COPY) * 02/??/00 - DECREE LODGED (NOT SURE OF THE DATE) * 04/13/00 - CD ENTERED BY THE COURT WITHOUT JUDGE SIGNATURE, JUDGE SIGNED DECREE 4/26/00. DATE OF ENTRY IS BEING USED. *

Defendants (1)

• PAM AMERICAN GRAIN MFG INCNamed in complaintNamed in settlement

Facilities (3)

• ARMY TERMINAL

  PUERTO NUEVO, GUAYNABO, PR, 00970

  Registry ID: 110010603061

• AMELIA FACILITY

  LOT 4E ST AMELIA INDUSTRIAL PARK, GUAYNABO, PR, 00970

  Registry ID: 110010710999

• ARROZ RICO

  CORNER OF CENTRAL ST & SAN PABLO ST (AMELIA WARD), GUAYNABO, PR, 00970

  Registry ID: 110010710980

Statutes cited

• CAA 113B — Clean Air Act
• CAA 110 — Implementation Plan for National Primary and Secondary Ambient Air Quality Standards

Enforcement conclusions (1)

• PAN AMERICAN GRAINentered 2000-04-13

  Primary law: CAA

  Federal penalty: $410,000

Timeline (7 milestones)

• 1995-10-01Enforcement Action Data Entered
• 1996-09-30Referred To Dept Of Justice
• 1998-02-26Complaint Filed With Court
• 2000-02-15Final Order Lodged
• 2000-04-13Final Order Entered
• 2000-04-13Concluded
• 2003-04-30Enforcement Action Closed