EPA v. AMERICAN ITALIAN PASTA COMPANY

Case summary

11/8/16 - CONSENT AGREEMENT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $28,230. RESPONDENT SHALL MAKE PAYMENT WITHIN THIRTY DAYS. ORDER ALLEGES: VIOLATION OF SECTION 312 OF EPCRA AT SOME TIME DURING CALENDAR YEARS 2014 AND 2013, DIESEL FUEL, LEAD, AND SULFURYL FLUORIDE WERE PRESENT AT THE FACILITY IN AN AMOUNT EQUAL TO OR GREATER THAN 10,000 POUNDS. AT SOME TIME DURING CALENDAR YEARS 2014 AND 2013, SULFURIC ACID AS PRESENT AT THE FACILITY IN AN AMOUNT EQUAL TO OR GREATER THAN 500 POUNDS. RESPONDENT FAILED TO SUBMIT A COMPLETED EMERGENCY AND HAZARDOUS CHEMICAL INVENTORY FORM FOR SULFURIC ACID, DIESEL FUEL, LEAD, AND SULFURYL FLUORIDE TO THE SERC, THE LEPC, AND FIRE DEPARTMENT WITH JURISDICTION OVER THE FACILITY FOR CALENDAR YEARS 2014 AND 2013 BY MARCH 1 OF THE FOLLOWING YEAR. THE EPA ALLEGES THAT RESPONDENT VIOLATED THE REPORTING YEARS OF SECTION 312 OF EPCRA., AT ITS FACILITY FOR CALENDAR YEARS 2014 AND 2013. VIOLATION OF SECTION 313 RESPONDENT VIOLATED THE REPORTING REQUIREMENTS OF SECTION 313 OF EPCRA, AT ITS FACILITY BY FAILING TO SUBMIT THE REQUIRED FORM 4 FOR SULFURYL FLUORIDE FOR CALENDAR YEAR 2013.

Defendants (1)

• AMERICA ITALIAN PASTA COMPANYNamed in complaintNamed in settlement

Facilities (1)

• AMERICAN ITALIAN PASTA CO

  2000 AMERICAN ITALIAN WAY, COLUMBIA, SC, 29209-5084

  Registry ID: 110010581067

Statutes cited

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

Enforcement conclusions (1)

• AMERICAN ITALIAN PASTA COMPANYentered 2016-11-08

  Primary law: EPCRA

  Federal penalty: $28,230

Timeline (4 milestones)

• 2016-11-08Final Order Issued
• 2016-11-08Complaint Filed/Proposed Order
• 2016-11-17Enforcement Action Data Entered
• 2016-12-06Enforcement Action Closed