EPA v. Pepsi Cola Technical Operations, Inc.

Case summary

The Administrative complaint is being issued pursuant to Section 325 of the Emergency Planning and Community Right to Know Act (�EPCRA�), 42 U.S.C. Section 11045. The Complaint assesses a penalty of $85,500 for the failure of Pepsi Cola Technical Operations, Inc. (�Respondent�) to submit Emergency and Hazardous Chemical Inventory Forms (�Tier I/Tier II� forms) to the appropriate state and local authorities within the statutorily specified time. At the time of EPA�s first inspection of the Facility on November 29, 2000, approximately 5,150 pounds of ammonia and 19,050 pounds of sodium hydroxide were present at the Facility. A second EPA inspection of the Facility on October 17, 2002 revealed that approximately 5,150 pounds of ammonia and 17,780 pounds of sodium hydroxide were present at the Facility. Ammonia (CAS# 7664-41-7) is an extremely hazardous substance as defined under Section 329(3) of EPCRA, 42 U.S.C. � 11049(3), and 40 C.F.R. � 370.2, with a minimum threshold level for reporting of 500 pounds.Sodium Hydroxide is a �hazardous chemical� as defined under Section 329(5) of EPCRA, 42 U.S.C. � 11049(5), and 40 C.F.R. � 370.2, with a minimum threshold level for reporting of 10,000 pounds. The complaint lists five counts of violations of Section 312, totaling $85,500 in penatlies.

Defendants (1)

• Pepsi Cola Technical Operations, Inc.Named in complaintNamed in settlement

Facilities (1)

• PEPSI COLA COMPANY

  100 STEVENS AVE, VALHALLA, NY, 105950000

  Registry ID: 110000848888

Statutes cited

• EPCRA 312 — Emergency and Hazardous Chemical Inventory Forms

Enforcement conclusions (1)

• Pepsi Cola Technical Operations, Inc.entered 2005-09-30

  Primary law: EPCRA

  Federal penalty: $16,242 · SEP: $39,333

Timeline (4 milestones)

• 2003-09-30Complaint Filed/Proposed Order
• 2003-10-03Enforcement Action Data Entered
• 2005-09-30Enforcement Action Closed
• 2005-09-30Final Order Issued