EPA v. AMERICAN CRAFT BREWERY, LLC

Case summary

ON SEPTEMBER 27, 2017, REGION III FILED A CONSENT AGREEMENT AND FINAL ORDER REGARDING FIVE VIOLATIONS OF SECTION 313 OF THE EMERGENCY PLANNING AND COMMUNITY RIGHT-TO-KNOW ACT OF 1986 ( EPCRA ), 42 U.S.C. SECTION 11023, BY AMERICAN CRAFT BREWERY, LLC ( RESPONDENT ) AT ITS MALT BEVERAGE MANUFACTURING FACILITY LOCATED 7880 PENN DRIVE, BREINIGSVILLE, PA 18031 ( FACILITY ). THIS CAFO RESOLVES VIOLATIONS DISCOVERED BY EPA DURING AN OCTOBER 27, 2016 INSPECTION OF RESPONDENT'S FACILITY TO REVIEW COMPLIANCE WITH EPCRA SECTION 313 REPORTING REQUIREMENTS. BECAUSE THE COMPANY MANUFACTURES AND OTHERWISE USES TOXIC CHEMICALS IN QUANTITIES ABOVE ESTABLISHED THRESHOLDS, IT HAS A STATUTORY REQUIREMENT TO REPORT THE MANUFACTURED AND OTHERWISE USED TOXIC CHEMICALS FOR THE BENEFIT OF THE PUBLIC INCLUDING EMERGENCY RESPONDERS THAT COULD BE CALLED TO THE FACILITY. DURING CALENDAR 2013 THROUGH 2015, THE FACILITY MANUFACTURED MORE THAN 25,000 POUNDS OF NITRATE COMPOUNDS IN ITS WASTEWATER SYSTEM WITHOUT TIMELY FILING A FORM R OR FORM A WITH BOTH EPA AND THE COMMONWEALTH OF PENNSYLVANIA AS REQUIRED BY SECTION 313 OF EPCRA AND THE ASSOCIATED FEDERAL REGULATIONS OF 40 C.F.R. PART 372. THE INSPECTOR ALSO DETERMINED THAT RESPONDENT HAD OTHERWISE USED MORE THAN 25,000 POUNDS OF NITRIC ACID AND SODIUM NITRITE IN CALENDAR YEAR 2013 WITHOUT TIMELY FILING A FORM R OR FORM A WITH BOTH EPA AND THE COMMONWEALTH OF PENNSYLVANIA AS REQUIRED BY SECTION 313 OF EPCRA, AND THE ASSOCIATED FEDERAL REGULATIONS OF 40 C.F.R. PART 372. UNDER THE TERMS OF THE SETTLEMENT, RESPONDENT WILL PAY A CIVIL PENALTY IN THE AMOUNT OF $69,500.00 TO RESOLVE THESE FIVE VIOLATIONS OF EPCRA SECTION 313 AND THE ASSOCIATED FEDERAL REGULATIONS OF 40 C.F.R. PART 372.

Defendants (1)

• AMERICAN CRAFT BREWERY, LLCNamed in complaintNamed in settlement

Facilities (1)

• AMERICAN CRAFT BREWERY LLC

  7880 PENN DRIVE, BREINIGSVILLE, PA, 18031

  Registry ID: 110059720413

Statutes cited

• EPCRA 313 — Toxic Chemical Release Reporting (TRI)

Enforcement conclusions (1)

• AMERICAN CRAFT BREWERY, LLCentered 2017-09-27

  Primary law: EPCRA

  Federal penalty: $69,500

Timeline (4 milestones)

• 2017-09-27Complaint Filed/Proposed Order
• 2017-09-27Final Order Issued
• 2017-09-28Enforcement Action Data Entered
• 2017-10-13Enforcement Action Closed