EPA v. THE EARTHGRAINS COMPANY, INC.

Case summary

Per agreed motion to terminate CD being granted as of 6-7-2011. 1. SECTION 113 OF THE CLEAN AIR ACT ( CAA ), 42 U.S.C. SEC- TION 7413. 2. THE EARTHGRAINS COMPANY 1916 SOUTH BROADWAY OKLAHOMA CITY, OKLAHOMA COUNTY, OKLAHOMA 73103-4408 3. RESPONDENT WAS IN VIOLATION OF SECTIONS 608 AND 612 OF THE CAA BY: 1) FAILURE TO REPAIR REFRIGERANT LEAKS TO KEEP THE LEAK RATES BELOW THE REQUIRED 35% AS REQUIRED; 2) FAILURE TO DO INITIAL LEAK VERIFICATION TESTS AS RE- QUIRED; 3) FAILURE TO REPORT FAILED FOLLOW-UP LEAK VERI- FICATION TESTS AS REQUIRED; 4) FAILURE TO PREPARE A RE- TROFIT AND REPLACEMENT PLAN IN ACCORDANCE; 5) FAILURE TO IMPLEMENT THE PLAN WITHIN ONE YEAR IN ACCORDANCE; 6) FAILING TO DOCUMENT THE DATE AND TYPE OF SERVICE, AND QUANTITY OF REFRIGERANT ADDED FOR EACH SERVICE; AND 7) USE OF A SUBSTITUTE WITHOUT ADHERING TO ANY USE RESTRICT- IONS SET BY THE APPLICABILITY DECISION. 4. RELIEF SOUGHT PURSUANT TO SECTION 113 OF THE CAA, EPA SUBMITTED A REFERRAL TO DOJ REQUESTING PROSECUTORIAL ASSISTANCE AGAINST THE RESPONDENT FOR ALLEGED VIOLATIONS ACTIONABLE UNDER SECTION 113 OF THE CAA. THIS IS A REFER- RAL FOR INJUNCTIVE RELIEF AND CIVIL PENALTIES AGAINST THE DEFENDANT, THE EARHGRAINS COMPANY. THE COMBINED PENALTY FOR THESE VIOLATIONS FOR ALL REGION 6 FACILITIES IS $6,852, 120. 5. THE ACTIONS AGAINST THESE FACILITIES IN REGION 6 HAVE BEEN COMBINED WITH A NATIONAL ACTION AGAINST EARTHGRAINS FOR SIMILAR VIOLATIONS AT EARTHGRAINS FACILITIES IN RE- GIONS 3, 4, 5, 7, 8 AND 9. THE NATIONAL ACTION IS BEING COORDINATED BY REGION 7. REGION 7 SENT CIVIL LITIGATION REFERRAL REPORTS TO DOJ ON MAY 8, 2001 AND MAY 29, 2001. 6. REGION 6 IS CURRENTLY WAITING FOR ADDITIONAL INFORMATION FROM EARTHGRAINS ON FIVE ADDITIONAL FACILITIES; ALBUQUER- QUE, NEW MEXICO (2 FACILITIES); DALLAS, TEXAS; PARIS, TEXAS AND HARLINGEN, TEXAS. ONCE THE INFORMATION IS RE- VIEWED, REGION 6 WILL SUPPLEMENT THIS REFERRAL TO ADD VIOLATIONS FOR THOSE FACILITIES.

Defendants (1)

• THE EARTHGRAINS COMPANYNamed in complaintNamed in settlement

Facilities (1)

• EARTHGRAINS CO

  1916 S BROADWAY, OKLAHOMA CITY, OK, 731034408

  Registry ID: 110001642483

Statutes cited

• CAA 608 — National Recycling & Emission Reduction Program

Enforcement conclusions (1)

• THE EARTHGRAINS COMPANY, INC. CONSENT DECREEentered 2003-09-17

  Primary law: CAA

  Federal penalty: $1,013,158

Timeline (7 milestones)

• 2001-06-08Enforcement Action Data Entered
• 2001-06-15Referred To Dept Of Justice
• 2003-07-31Complaint Filed With Court
• 2003-07-31Final Order Lodged
• 2003-09-17Concluded
• 2003-09-17Final Order Entered
• 2011-06-07Enforcement Action Closed