Proposed Consent Decree Has a Big Price Tag

On October 25, 2012, the Department of Justice lodged a proposed Consent Decree with the United States District Court for the Western District of Michigan in the lawsuit entitled United States v. Kellogg USA, Inc., et al., Civil Action No. 1:12-cv-01164.

As printed in the Federal Register, “In a Complaint filed…under the Clean Air Act (Act), the United States seeks injunctive relief and civil penalties regarding the Prevention of Significant Deterioration (PSD) and Title V provisions of the Act, and PSD provisions of the Michigan State Implementation Plan, for violations at Kellogg’s cereal and snack food manufacturing plants located in Battle Creek, Michigan and Grand Rapids, Michigan. The proposed Consent Decree requires Kellogg to reduce its Volatile Organic Compound permit levels at both facilities, perform a mitigation project (costing more than $435,000) to replace a cooling and dehumidifying system that uses the refrigerant R-22 with a chilled water system that does not use R-22, and pay a $500,000 civil penalty.”

See Federal Register Notice http://www.gpo.gov/fdsys/pkg/FR-2012-11-01/html/2012-26833.htm

See our Environmental Minute discussing Environmental Compliance & Enforcement 2012.

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