EPA v. CAMPBELL SOUP COMPANY

Case summary

CAMPBELL SOUP COMPANY OWNS AND OPERATES A FACILITY IN SACRAMENTO, CALIFORNIA THAT MANUFACTURES THREE-PIECE CANS FOR THE PACKAGING OF VARIOUS FOOD PRODUCSTS SUCH AS SOUPS AND VEGETABLE JUICES. THE CAN MANUFACTURING PROCESS CONSISTS OF TWO OPERATIONSK, SHEET COATING AND CAN ASSEMBLY. ENAMEL COATING AND SEALING COMPOUNDS ARE APPLIED DURING THE CAN ASSEMBLY. APPLICATION AND CURING OF THE ENAMEL COATING AND SEALING COMPOUNDS CAUSE THE EMISSION TO THE ATMOSPHERE OF VOLATILE ORGANIC COMPOUNDS ( VOCS, ALSO KNOWN AS REACTIVE ORGANIC COUMPOUNDS, ROCS ), WHICH ARE PRECURSORS TO GROUND LEVEL OZONE. BETWEEN 1980 AND 1988, CAMPBELL SOUP COMMENCED AND COMPLETED CONSTRUCTION OR MODIFICATION AND BEGAN OPERATION OF THE FOLLOWING EQUIPMENT AT THE FACILITY: COMPOUND APPLICATOR; THE ULTRAVIOLET COATING LINE; AND CAN ASSEMBLY LINES. CAMPBELL SOUP MODIFIED THE CAN ASSEMBLY PROCESS AT ITS FACILITY BETWEEN 1980 AND 1988 WITHOUT OBTAINING ATCS FROM SMAQMD. THE MODIFICATIONS RESULTED IN VOC EMISSION INCREASES AT THE FACILITY THAT EXCEEDED THE NSR THRESHOLD. SMAQMD ISSUED AN ATC FOR THE MODIFICATIONS IN 1992. HOWEVER, ATC DID NOT REQUIRE CAMPBELL SOUP TO INSTALL EQUIPMENT THAT COMPLIED WITH BACT, OR TO OBTAIN OFFSETS. EPA HAS DETERMINED THAT CAMPBELL SOUP VIOLATED SMAQMD RULES 50 AND 201 BY CONSTRUCTING AND OPERATING THE UV COATING LINE AND BODYMAKERS WITHOUT FIRST OBTAINING THE REQUIRED ATCS FROM SMAQMD. IN ADDITION, CAMPBELL SOUP VIOLATED SMAQMD RULE 202 BY FAILING: (1) TO APPLY BACT WHEN ITS MODIFICATIONS RESULTED IN A CUMMULATIVE ROC EMISSIONS INCREASE, SINCE JANUARY 1, 1977, IN EXCESS OF 150 LB/DAY; AND (2) TO PROVIDE OFFSETS FOR ITS NET VOC EMISSION INCREASES AFTER ITS NET EMISSIONS INCREASES EXCEEDED 250 LB/DAY. ON OCTOBER 1, 1992, EPA SENT CAMPBELL SOUP AN INFORMATION REQUEST PURSUANT TO SECTION 114 OF THE ACT. CAMPBELL SOUP RESPONDED TO THE REQUEST ON NOVEMBER 16, 1992. EPA MET WITH CAMPBELL SOUP ON JANUARY 11, 1994, TO DISCUSS ISSUES RELATING TO A PROPOSED EXPANSION OF THE FACILITY. EPA SENT CAMPBELL SOUP A SECOND INFORMATION REQUEST ON MARCH 25, 1994. CAMPBELL SOUP RESPONDED TO THE SECOND INFORMATION REQUEST ON APRIL 21, 1994. EPA ISSUED A NOTICE OF VIOLATION TO CAMPBELL SOUP ON JUNE 10, 1994. EPA MET WITH CAMPBELL SOUP REPRESENTATIVES AND ITS COUNSEL ON JULY 15, 1994, TO DISCUSS THE NOV AND SETTLEMENT ISSUES. THIS CASE IS A DIRECT REFERRAL TO DOJ. REGION 9 HAS PROPOSED A BOTTOM LINE CIVIL PENALTY OF $447,600. RESOLUTION OF THIS CASE WILL ALSO REQUIRE CAMPBELL SOUP TO INSTALL CONTROL EQUIPMENT AT THE FACILITY TO COMPLY WIT

Defendants (2)

• SILGAN CAN COMPANYNamed in complaintNamed in settlement
• CAMPBELL SOUP COMPANYNamed in complaintNamed in settlement

Facilities (4)

• CAMPBELL SOUP COMPANY

  6200 FRANKLIN BOULEVARD, SACRAMENTO, CA, 958243499

  Registry ID: 110000744240

• CAMPBELL SOUP COMPANY

  6200 FRANKLIN BOULEVARD, SACRAMENTO, CA, 958243499

  Registry ID: 110000744240

• CAMPBELL SOUP COMPANY

  6200 FRANKLIN BOULEVARD, SACRAMENTO, CA, 958243499

  Registry ID: 110000744240

• CAMPBELL SOUP COMPANY

  6200 FRANKLIN BOULEVARD, SACRAMENTO, CA, 958243499

  Registry ID: 110000744240

Statutes cited

• CAA 113 — Clean Air Act
• CAA 110 — Implementation Plan for National Primary and Secondary Ambient Air Quality Standards

Enforcement conclusions (1)

• CAMPBELL SOUP COMPANYentered 1999-02-11

  Primary law: CAA

  Federal penalty: $1,215,000

Timeline (7 milestones)

• 1994-07-24Enforcement Action Data Entered
• 1994-09-13Referred To Dept Of Justice
• 1995-10-06Complaint Filed With Court
• 1999-02-04Final Order Lodged
• 1999-02-11Final Order Entered
• 1999-02-11Concluded
• 2002-08-23Enforcement Action Closed