EPA v. MEYER'S BAKERY, INC., AN ARKANSAS CORPORATION

Case summary

1. SECTION 113 OF THE CLEAN AIR ACT ( CAA 0, 42 U.S.C. SEC- TION 7413. 2. MEYER'S BAKERY, INC., AN ARKANSAS CORPORATION HIGHWAY 67 EAST HOPE, HEMPSTEAD COUNTY, ARKANSAS 71801 3. RESPONDENT WAS IN VIOLATION OF SECTION 608 OF THE CAA BY (1) FAILING TO REPAIR REFRIGERANT LEAKS IN THREE PIECES OF ITS INDUSTRIAL PROCESS REFRIGERATION EQUIPMENT, (2) FAILING TO TO DO INITIAL LEAK CHECKS AS REQUIRED WHEN IT ATTEMPTED TO REPAIR LEAKS IN ITS THREE MIXERS, (3) FAIL- ING TO DO FOLLOW-UP LEAK CHECKS AS REQUIRED WHEN IT AT- TEMPTED TO REPAIR LEAKS TO THE THREE MIXERS, (4) FAILING TO DEVELOP A PLAN FOR LEAK REPAIR AS REQUIRED, (5) FAIL- ING TO REPORT TO HEADQUARTERS THAT IT COULD NOT REPAIR LEAKS WITHIN THE REQUIRED 30 DAYS, AND (6) FAILING TO KEEP RECORDS AS REQUIRED. 4. RELIEF SOUGHT PURSUANT TO SECTION 113 OF THE CAA, EPA RE- FERS THIS REFERRAL TO DOJ FOR ENFORCEMENT ACTION. EPA IS SEEKING INJUNCTIVE RELIEF AND CIVIL PENALTIES FOR THE VIOLATIONS OCCURRING AT THE RESPONDENT'S HOPE, AR. FACI- LITY. REGION 6 IS IN THE PROCESS OF CLACULATING THE PEN- ALTY AMOUNT FOR THIS ACTION. AFTER PRELIMINARY REVIEW, THE ESTIMATED PENALTY FOR THE COMBINED VIOLATIONS FOR ALL THREE MIXERS IS APPROXIMATELY $1,000,000. ONCE CALCULA- TIONS ARE FINALIZED, THEY WILL BE FORWARDED TO DO. 5. ENVIRONEMTAL JUSTICE ISSUES: USING THE ENVIRONMENTAL JUSTICE RANKING VALUES FOR THE METER'S FACILITY, BASED UPON REGION 6'S POTENTIAL ENVIRONMENTAL JUSTICE ( EJ ) INDEX , BOTH THE ONE MILE AND FIFTY MILE RADIUS AROUND THE FACILITY ARE BELOW THE STATE AVERAGE. IN ADDITION, BASED UPON THE NATURE OF THE PROCESS AND THE TYPES OF VIOLATIONS CITED, IT IS NOT ANTICIPATED THAT THIS ACTION PRESENTS ANY SIGNIFICANT EJ CONCERNS.

Defendants (1)

• MEYER'S BAKERY, INC.Named in complaintNamed in settlement

Facilities (2)

• MEYERS BAKERIES INC

  COUNTY RD 312, CLEBURNE, TX, 76033

  Registry ID: 110064215157

• MEYERS BAKERIES, INC.

  HWY 67 EAST, HOPE, AR, 71801

  Registry ID: 110025095386

Statutes cited

• CAA 608 — National Recycling & Emission Reduction Program

Enforcement conclusions (1)

• MEYER'S BAKERY, INC. (LEAD) (NC)entered 2000-09-08

  Primary law: CAA

  Federal penalty: $2,000,000

Timeline (7 milestones)

• 1998-06-30Referred To Dept Of Justice
• 1998-07-02Enforcement Action Data Entered
• 2000-09-08Final Order Lodged
• 2000-09-08Final Order Entered
• 2000-09-08Complaint Filed With Court
• 2000-09-08Concluded
• 2001-02-12Enforcement Action Closed