EPA v. THE EARTHGRAINS COMPANY, INC.

Case summary

1. SECTION 113 OF THE CLEAN AIR ACT ( CAA ), 42 U.S.C. SEC- TION 7413. 2. THE EARTHGRAINS COMPANY, INC. (BAGEL FACILITY) 8700 SAN PEDRO, N. E. ALBUQUERQUE, BERNALILLO COUNTY, NEW MEXICO 87113 3. RESPONDENT WAS IN VIOLATION OF SECTION 608 AND 612 OF THE CAA BY: 1) FAILURE TO REPAIR REFRIGERANT LEAKS TO KEEP THE LEAK RATE BELOW THE REQUIRED 35% AS REQUIRED; 2) FAILURE TO DO INITIAL LEAK VERIFICATION TESTS AS RE- QUIRED; 3) FAILURE TO DO FOLLOW-UP LEAK VERIFICATION TESTS AS REQUIRED; 4) FAILURE TO REPORT FAILED FOLLOW-UP LEAK VERIFICATION TESTS AS REQUIRED; 5) FAILURE TO PRE- PARE A RETROFIT AND REPLACEMENT PLAN IN ACCORDANCE; 6) FAILURE TO IMPLEMENT THE PLAN WITHIN ONE YEAR IN ACCORD- ANCE; 7) FAILING TO DOCUMENT THE DATE AND TYPE OF SERVICE AND THE QUANTITY OF REFRIGERANT ADDED FOR SERVICE; AND 8) USE OF A SUBSTITUTE WITHOUT ADHERING TO ANY USE RESTRICT- IONS. 4. RELIEF SOUGHT PURSUANT TO SECTION 113 OF THE CAA, EPA REFERRED THIS DIRECT REFERRAL TO DOJ REQUESTING PROSECU- TORIAL ASSISTANCE FOR THE VIOLATIONS CITED ACTIONABLE UN- DER SECTION 113 OF THE CAA. THE REFERRAL IS FOR INJUNC- TIVE RELIEF AND CIVIL PENALTIES FOR THE VIOLATIONS CITED. THE COMBINED PROPOSED PENALTY FOR THE FACILITIES IS $10,897,281. 5. THE ACTIONS AGAINST THESE FACILITIES IN REGION 6 HAVE BEEN COMBINED WITH A NATIONAL ACTION AGAINST THE RESPOND- ENT FOR SIMILAR VIOLATIONS AT EARTHGRAINS FACILITIES IN REGIONS 3, 4, 5, 7, 8, AND 9. THE NATIONAL ACTION IS BE- ING COORDINATED BY REGION 7.

Defendants (1)

• THE EARTHGRAINS COMPANY, INC.Named in complaint

Facilities (2)

• EARTHGRAINS CO

  8700 SAN PEDRO, NE, ALBUQUERQUE, NM, 87113

  Registry ID: 110006530101

• EARTHGRAINS CO

  8700 SAN PEDRO, NE, ALBUQUERQUE, NM, 87113

  Registry ID: 110006530101

Statutes cited

• CAA 608 — National Recycling & Emission Reduction Program

Timeline (4 milestones)

• 2001-08-22Enforcement Action Data Entered
• 2001-09-27Referred To Dept Of Justice
• 2003-07-31Complaint Filed With Court
• 2003-09-17Enforcement Action Closed