EPA v. THE HILLSHIRE BRANDS - APO/CAFO

Case summary

EPA entered into a Consent Agreement and Final Order (CAFO) resolving the matter of The Hillshire Brands Company (Hillshire) in Traverse City, Michigan. Hillshire, at its Traverse City facility, violated the Michigan State Implementation Plan. Specifically, Hillshire failed to obtain and operate pursuant to a permit to install. Region 5 issued a Notice and Finding of Violation (NOV/FOV) to Hillshire on May 6, 2014. Hillshire met with Region 5 by conference call to discuss the allegations on June 10, 2014. Subsequent discussions with Hillshire resulted in an October 22, 2014, Administrative Consent Order (ACO) with Hillshire, requiring Hillshire to submit to the Michigan Department of Environmental Quality (MDEQ) a complete and accurate air permit application and submit a copy of that application to EPA. Hillshire submitted an air permit application to MDEQ and EPA on November 21, 2014, and additional information requested by MDEQ to MDEQ and EPA on December 16, 2014. Upon review of the December 16 submittal, MDEQ deemed the permit application to be complete and accurate. This brings Hillshire into compliance with the ACO and resolves the violation alleged in the NOV/FOV. This CAFO requires Hillshire to pay a cash penalty of $67,982, in consideration of Hillshire?s prompt resolution of the alleged violation. Hillshire declined to perform a Supplemental Environmental Project.

Defendants (1)

• THE HILLSHIRE BRANDSNamed in complaintNamed in settlement

Facilities (1)

• THE HILLSHIRE BRANDS COMPANY

  2718 SYBRANT ROAD, TRAVERSE CITY, MI, 49684

  Registry ID: 110056434158

Statutes cited

• CAA 110 — Implementation Plan for National Primary and Secondary Ambient Air Quality Standards

Enforcement conclusions (1)

• THE HILLSHIRE BRANDS - APO/CAFOentered 2015-03-26

  Primary law: CAA

  Federal penalty: $67,982

Timeline (4 milestones)

• 2015-03-26Complaint Filed/Proposed Order
• 2015-03-26Final Order Issued
• 2015-03-27Enforcement Action Data Entered
• 2015-06-04Air Resolved