EPA v. MORNINGSTAR FOOD, LLC - MT. CRAWFORD

Case summary

On June 30, 2005, EPA issued a Notice of Determination (���NOD���) pursuant to the ���Final Policy Statement on Incentives for Self-Policing: Discovery, Disclosure, Correction, and Prevention of Violations,��� 65 Fed. Reg. 19618 (April 11, 2000). The NOD is based on a self-disclosure provided by Morningstar Foods, LLC (���Morningstar���) for violations of Sections 312 and 313 of the Emergency Planning and Community Right-to-Know Act (���EPCRA���) 42 U.S.C. ����11022, 11023, and its implementing regulations at 40 C.F.R. Parts 370 and 372. The Morningstar Facility is located at 6364 South Valley Pike, Mount Crawford, VA 22841 (���Facility���). In a letter to EPA dated July 12, 2004 and in subsequent responses to EPA inquiries, Morningstar disclosed that the Facility had failed to submit Tier II Reports to the LEPC, SERC, and the local fire department for Ammonia, Nitric Acid and Sulfuric Acid, in violation of EPCRA Section 312. These extremely hazardous substances were stored at the Facility in quantities which exceeded the Extremely Hazardous Substance Threshold Planning Quantity during the reporting years 2001 through 2003. In addition, Morningstar also disclosed that it had failed to submit Toxic Chemical Release Inventory Forms (Forms A and/or Forms R ) for Nitric Acid and Nitrate Compounds for the reporting years 2001 and 2002, as required by Section 313 of EPCRA. The total gravity-based civil penalty for these violations, calculated in accordance with EPA penalty policy, would be $156,836. However, Morningstar satisfied all of the conditions of EPA���s Self-Disclosure Policy and the amount of economic benefit gained was insignificant; therefore, EPA waived the gravity-based civil penalty for the disclosed violations.

Defendants (1)

• MORNINGSTAR FOODS, LLC - MT. CRAWFORDNamed in settlement

Facilities (1)

• WWF OPERATING CO. (FORMERLY MORNINGSTAR FOOD, LLC) - MT. CRAWFORD

  6364 SOUTHVALLEY PIKE, MT CRAWFORD, VA, 22841

  Registry ID: 110018935651

Statutes cited

• EPCRA 313 — Toxic Chemical Release Reporting (TRI)
• EPCRA 312 — Emergency and Hazardous Chemical Inventory Forms

Enforcement conclusions (1)

• MORNINGSTAR FOOD, LLC - MT. CRAWFORDentered 2005-06-30

  Primary law: EPCRA

Timeline (3 milestones)

• 2004-08-09Enforcement Action Data Entered
• 2005-06-30Enforcement Action Closed
• 2005-06-30Final Order Issued