EPA v. EARTHGRAIN BAKING COMPANY

Case summary

8/12/09 - COMPLIANCE ORDER ISSUED. PURSUANT TO SEC 502 OF THE CAA AND 40 CFR 70.5(c)(9) AND 70.6(c)(5), THE PERMITTEE IS REQUIRED TO PERIODICALLY (BUT NOT LESS FREQUENTLY THAN ANNUALLY) CERTIFY THAT THE FACILITY IS IN COMPLIANCE WITH ALL APPLICABLE REQUIREMENTS OF THE PERMIT. PURSUANT TO 40 CFR 70.6(c)(5), THE PERMITTEE IS REQUIRED TO SUBMIT ALL COMPLIANCE CERTIFICATIONS TO THE ADMINISTRATOR AS WELL AS TO THE PERMITTING AUTHORITY. PURSUANT TO SEC 4.3 OF THE TITLE V OPERATING PERMIT ISSUED TO RESPONDENT, EXCEPT AS OTHERWISE SPECIFIED HEREIN, THE PERMITTEE SHALL SUBMIT TO THE PERMIT BOARD AND TO THE REGIONAL ADMINISTRATOR OF EPA, REGION 4, A CERTIFICATION OF COMPLIANCE WITH PERMIT TERMS AND CONDITIONS, INCLUDING EMISSION LIMITATIONS, STANDARDS OR WORK PRACTICES, BY JAN 31 FOR THE PRECEDING CALENDAR YEAR. PURSUANT TO SECTION 4.2 OF RESPONDENT'S PERMIT, RESPONDENT WAS REQUIRED TO SUBMIT A COMPLIANCE CERTIFICATION FOR CALENDAR YEAR 2008 TO THE REGIONAL ADMINISTRATOR OF EPA, REGION 4 BY JAN 31, 2009. AS OF AUG 1, 2009, RESPONDENT HAS NOT SUBMITTED THE COMPLIANCE CERTIFICATION TO THE REGIONAL ADMINISTRATOR OF EPA REGION 4. ORDER REQUIRES: RESPONDENT SHALL SUBMIT TO THE REGIONAL ADMINISTRATOR OF EPA, REGION 4, A CERTIFICATION OF COMPLIANCCE WITH PERMIT TERMS AND CONDITIONS, INCLUDING EMISSION LIMITATIONS, STANDARDS OR WORK PRACTICES FOR CALENDAR YR 2008, IN ACCORDANCE WITH SECTIO 114(a)(3) OF THE CAA AND 40 CFR 70.6(c)(5), WITHIN 14 CALENDAR DAYS.

Defendants (1)

• EARTHGRAIN BAKING COMPANIES, INC.Named in settlement

Facilities (1)

• BIMBO BAKERIES USA INC

  3400 SAINT PAUL STREET, MERIDIAN, MS, 39301

  Registry ID: 110001472843

Statutes cited

• CAA 502 — Operating Permits (Title V)

Enforcement conclusions (1)

• EARTHGRAIN BAKING COMPANYentered 2009-08-12

  Primary law: CAA

Timeline (2 milestones)

• 2009-08-12Final Order Issued
• 2009-09-15Enforcement Action Data Entered