EPA v. Anheuser-Bush Incorporated

Case summary

This is a consolidated action pursuant to our Consolidated Rules of Practice, 40 C.F.R. �22.18(b)(2) and (3), which provide that a proceeding may be simultaneously commenced and concluded by the issuance of a Consent Agreement and Final Order when the parties agree to settle one or more causes of action before the filing of an Administrative Complaint. A review of the Toxic Release Inventory Envirofacts Database (TRI Database) indicated that Anheuser-Busch Incorporated voluntarily submitted to the EPA late Form R reports for the following: Chemical Name ReportingYear Report Due Report Submitted Days Late chlorodifluoromethane 1998 July 1, 1999 June 13, 2000 347 On July 8, 2003, a letter was sent to the company to address these late reporting violations and to request additional information. Based on the information provided by Anheuser-Busch Incorporated�s initial response and subsequent communications the late reporting was confirmed. This failure to submit the Form R report, in a timely manner, constitutes a violation of Section 313 of EPCRA, 42 U.S.C. �11023, and 40 C.F.R �372.30. The penalty was initially calculated using the Enforcement Response Policy (ERP) for Section 313 of EPCRA issued by the USEPA Office of Compliance Monitoring, Office of Pesticides and Toxic Substances, on August 10, 1992. The original proposed penalty would have been $18,103 if an administrative complaint had been issued.

Defendants (1)

• Anheuser-Bush IncorporatedNamed in complaintNamed in settlement

Facilities (1)

• ANHEUSER-BUSCH - NEWARK BREWERY

  200 US-1, NEWARK, NJ, 07101

  Registry ID: 110000581816

Statutes cited

• EPCRA 313 — Toxic Chemical Release Reporting (TRI)

Enforcement conclusions (1)

• Anheuser-Bush Incorporatedentered 2003-09-24

  Primary law: EPCRA

  Federal penalty: $4,526

Timeline (4 milestones)

• 2003-09-24Complaint Filed/Proposed Order
• 2003-09-24Final Order Issued
• 2003-09-24Enforcement Action Closed
• 2003-10-01Enforcement Action Data Entered