EPA v. Otis Spunkmeyer LLC (Northlake) ESA

Case summary

On August 29, 2012, an authorized EPA representatiove conducted a compliance inspection of the Otis Spunkmeyer LLC, Northlake, Illinois bakery (Facility) to determine its compliance with the Risk Management Plan (RMP) regulations promulgated pursuant to Section 112(r) of the Act and set forth at 40 CFR Part 68. Based on the August 29, 2012 inspection, EPA has determined that Respondent violated the following regulations: 68.39(a) - Respondent failed to maintain the records on the information used to analyze the worst-case release scenario. 68.39(b) - Respondent failed to maintain the records on the information used to analyze the alternative release scenario. 68.39(c) - Respondent failed to maintain the records on the information used to estimate the population and environmental receptors affected by the releases. 68.71(b) - Respondent failed to provide refresher training to the operators on the operating procedures.

Defendants (1)

• Otis Spunkmeyer LLC, Northlake ILNamed in complaintNamed in settlement

Facilities (1)

• OTIS SPUNKMEYER INC.

  111 N NORTHWEST HIGHWAY, NORTHLAKE, IL, 60164

  Registry ID: 110007034486

Statutes cited

• CAA 112 — Hazardous Air Pollutants
• CAA 112[R][7] — Prevention of Accidental Release/Risk Management Plans (RMPs)

Enforcement conclusions (1)

• Otis Spunkmeyer LLC (Northlake) ESAentered 2014-09-17

  Primary law: CAA

  Federal penalty: $900

Timeline (5 milestones)

• 2014-09-17Enforcement Action Closed
• 2014-09-17Complaint Filed/Proposed Order
• 2014-09-17Final Order Issued
• 2014-09-18Enforcement Action Data Entered
• 2014-09-18Pipeline Closed