EPA v. OHIO FRESH EGGS (BUCKEYE EGG FARM)

Case summary

The United States filed a proposed Modification to the Consent Decree with Defendants, Buckeye Egg Farm, L.P., Croton Egg Farm, LLC, and Anton Pohlmann (Original Defendants), and Ohio Fresh Eggs (OFE), for their commercial egg-laying operations in Ohio to resolve Clean Air Act violations at several of their barns in Ohio that house egg-laying chickens. Shortly before entry of the Consent Decree in 2004, OFE acquired ownership and legally assumed all obligations under the Consent Decree. The proposed Modification adds OFE as a Defendant to the Consent Decree, and addresses violations by OFE at its egg-laying operations in Ohio. The CD required OFE to, among other things, install particulate matter (PM) control equipment and implement best management practices to reduce ammonia emissions from the barns. In 2017, Region 5 received a request from Trillium Farms, an entity leasing OFE?s facilities, requesting termination of the CD. Region 5 conducted an inspection of the facilities and performed a thorough review of compliance, finding numerous violations of the CD, many of which are subject to stipulated penalties. EPA identified OFE?s violations of the CD for which stipulated penalties could be assessed as: 1) failure to operate particulate matter controls at the facilities; and 2) failure to submit quarterly reports for the facilities from at least October 2017 through June 2020. In settlement of this case, the United States is requiring restrictions on the number of birds that may be housed at each Location in lieu of the installation of physical controls to limit PM and ammonia emissions. In addition, OFE will pay stipulated penalties of $5.8 million. SEPs and mitigation are not components of this proposed Modification. EPA estimates that emissions reductions as the result of this CD modification will be unchanged from the environmental benefits projected to be achieved by the original CD provisions.

Defendants (2)

• BUCKEYE EGG FARMNamed in complaintNamed in settlement
• ANTON POHLMAN, CROTON EGGS LLCNamed in complaintNamed in settlement

Facilities (3)

• OHIO FRESH EGGS, LLC (CROTON FACILITY)

  11212 CROTON RD D, HARTFORD, OH, 43013

  Registry ID: 110008057976

• OHIO FRESH EGGS (MARSEILLES)

  20613 TOWNSHIP ROAD 103, HARPSTER, OH, 43323

  Registry ID: 110070159068

• OHIO FRESH EGGS (MT VICTORY)

  20279 COUNTY RD 245, MOUNT VICTORY, OH, 43340

  Registry ID: 110070159972

Statutes cited

• CAA 114 — Record keeping, Inspection, Information Request
• CAA 165 — Prevention of Significant Deterioration (PSD)
• CAA 110 — Implementation Plan for National Primary and Secondary Ambient Air Quality Standards

Enforcement conclusions (2)

• BUCKEYE EGG FARM (3)entered 2004-07-06

  Primary law: CAA

  Federal penalty: $880,598

• OHIO FRESH EGGS (BUCKEYE EGG FARM)

  Primary law: CAA

  Federal penalty: $5,816,250

Timeline (6 milestones)

• 2003-02-13Referred To Dept Of Justice
• 2003-04-17Enforcement Action Data Entered
• 2003-11-19Complaint Filed With Court
• 2004-07-06Final Order Entered
• 2017-12-21Supplemental Referral-Other
• 2025-01-14Final Order Lodged