EPA v. BRISTOL-MYERS SQUIBB COMPANY (MEAD JOHNSON) (4) (NATIONAL CASE) ( LEAD)

Case summary

Bristol-Meyers Squibb, an international pharmaceutical manufacturer, has agreed to reduce the output of ozone-depleting refrigerants at multiple industrial facilities around the country at a combined cost of $3.65 million in order to resolve violations of the Clean Air Act. Under an agreement filed in federal court in Indianapolis, New-York based Bristol-Meyer Squibb will be required to retire or retrofit seventeen industrial refrigeration units by July 2009 at facilities in Mt. Vernon and Evansville, Ind.; Hopewell, N.J.; and Humacao and Mayaguez, Puerto Rico. The units are used in the facilities’ industrial process or as air conditioners. In addition, the company has agreed to perform a supplemental environment project that will involve retiring two comfort cooling units at its New Brunswick, N.J. plant and tie-in the air conditioners to the company’s new centralized refrigeration system. The new system uses water-chilled coolers which act as the refrigerant. Combined, the measures that the company is performing will remove over 6,350 pounds of harmful hydrochlorofluorocarbons or HCFCs from their operations. All upgraded or replacement refrigeration systems at the facilities will use only non ozone-depleting refrigerants. Further, the company will take additional steps to assure compliance with the EPA regulations at thirteen of its facilities and pay $127,000 in civil penalties. Region 5 facilities included in the settlement were located in Zeeland, MI., Evansville, IN. and Mt. Vernon, IN. As a result of an EPA information request to ensure compliance with ozone-depletion regulations for the Evansville facility, Bristol Meyer-Squibb conducted a nationwide audit of each of its facilities and reported all potential violations that were discovered. The audit uncovered potential violations at the thirteen facilities located in six states—Connecticut, Indiana, Massachusetts, Michigan, New Jersey, New York—and Puerto Rico.

Defendants (1)

• MEAD JOHNSON AND COMPANYNamed in complaintNamed in settlement

Facilities (10)

• MEAD JOHNSON NUTRITIONAL

  2400 WEST LLOYD EXPRESSWAY, EVANSVILLE, IN, 47712-5095

  Registry ID: 110005983793

• MEAD JOHNSON & COMPANY, LLC

  725 E MAIN AVE, ZEELAND, MI, 49464

  Registry ID: 110000411162

• MEAD JOHNSON & COMPANY, LLC

  725 E MAIN AVE, ZEELAND, MI, 49464

  Registry ID: 110000411162

• MEAD JOHNSON & CO DBA BRISTOL MYERS SQUI

  6400 WILLIAM KECK BY PASS, MT. VERNON, IN, 47620

• MEAD JOHNSON NUTRITIONAL

  2400 WEST LLOYD EXPRESSWAY, EVANSVILLE, IN, 47712-5095

  Registry ID: 110005983793

• MEAD JOHNSON & COMPANY, LLC

  725 E MAIN AVE, ZEELAND, MI, 49464

  Registry ID: 110000411162

• MEAD JOHNSON & COMPANY, LLC

  725 E MAIN AVE, ZEELAND, MI, 49464

  Registry ID: 110000411162

• MEAD JOHNSON NUTRITIONAL

  2400 WEST LLOYD EXPRESSWAY, EVANSVILLE, IN, 47712-5095

  Registry ID: 110005983793

• ASTRAZENECA PHARMACEUTICALS LP

  4601 HWY 62 E, MOUNT VERNON, IN, 47620-9682

  Registry ID: 110006010789

• MEAD JOHNSON NUTRITIONAL

  2400 WEST LLOYD EXPRESSWAY, EVANSVILLE, IN, 47712-5095

  Registry ID: 110005983793

Statutes cited

• CAA 608 — National Recycling & Emission Reduction Program

Enforcement conclusions (1)

• BRISTOL-MYERS SQUIBB COMPANY(4) (NATIONAL CASE) (LEAD)entered 2009-05-05

  Primary law: CAA

  Federal penalty: $29,308

Timeline (6 milestones)

• 2005-08-08Referred To Dept Of Justice
• 2005-09-01Enforcement Action Data Entered
• 2008-07-08Final Order Lodged
• 2008-07-08Complaint Filed With Court
• 2009-05-05Final Order Entered
• 2011-08-16Enforcement Action Closed