EPA v. FrieslandCampina Ingredients North America, Inc.

Case summary

EPA alleges that, at least as early as 2013, the Defendant illegally erected a pit stack emission unit through which it was emitting high levels of the hazardous air pollutant and volatile organic compound, toluene, without any pollution controls, without having obtained a permit to construct the emission unit, and without having modified its Clean Air Act operating permit to include the emission unit and applicable limits. These actions violate several provisions of New York's federally enforceable State Implementation Plan (SIP) that implement the National Ambient Air Quality Standards (NAAQS) for ozone. The violations were discovered by the EPA during its inspection of the facility on July 12 and 13, 2016, and include (1) failure to obtain a permit to construct a new emission unit; (2) failure to apply for a modification of the facility's existing Title V permit within one year of the commencement of operation of a new emission unit; (3) failure to perform a RACT demonstration before commencing operation of the pit stack; (4) failure to install RACT before commencing operation of the pit stack; (5) failure to accurately report toluene emissions in annual emissions statements from 2007 through 2015; and (6) failure to maintain reports of its toluene emissions for at least five years. The EPA seeks injunctive relief and a civil penalty to resolve these violations. Supplemental referral, dated March 19, 2021, added counts under the CWA. On October 10, 2023, the United States District Court for the Northern District of New York issued an order effectuating a consent decree negotiated between the United States and New York State, as plaintiffs, and the Defendant, which settles plaintiffs' complaint against Defendant for alleged violations of the Clean Air Act and Clean Water Act in the operation of its manufacturing facility in Delhi, New York. In addition to having already performed corrective actions costing over $6M, the CD requires Defendant to: (1) pay a civil penalty of $2.88M, split evenly between the U.S. and NY; (2) overcontrol its VOC emissions to mitigate past excess emissions; and (3) perform a voluntary project that will greatly reduce its discharges of heat to the West Branch of the Delaware River at a cost of $1.44M.

Defendants (1)

• FrieslandCampina Ingredients North America, Inc.Named in complaintNamed in settlement

Facilities (2)

• FCINA - DELHI

  40196 ST HWY 10, DELHI, NY, 13753

  Registry ID: 110000582771

• FCINA - DELHI

  40196 ST HWY 10, DELHI, NY, 13753

  Registry ID: 110000582771

Statutes cited

• CWA 301/402 — NPDES Permit Violations
• CWA 301/307 — Effluent Limitations - NPDES Toxic & Pretreatment Effluent Standards
• CAA 110 — Implementation Plan for National Primary and Secondary Ambient Air Quality Standards

Enforcement conclusions (1)

• FrieslandCampina Ingredients North America, Inc.entered 2023-10-10

  Primary law: CAA

  Federal penalty: $1,440,000 · State/local: $1,440,000 · SEP: $1,440,000

Timeline (6 milestones)

• 2020-09-30Referred To Dept Of Justice
• 2020-10-01Enforcement Action Data Entered
• 2021-03-19Supplemental Referral-Adding parties, counts
• 2023-08-02Final Order Lodged
• 2023-08-02Complaint Filed With Court
• 2023-10-10Final Order Entered