# EARTHGRAINS COMPANY (NATIONAL CASE)
> **Judicial** · FY2001 · — · Final Order With Penalty
## Case
- **Activity ID:** `24652`
- **Case Number:** 04-2001-9014
- **Type:** Judicial
- **Lead:** EPA
- **Outcome:** Final Order With Penalty
- **Penalty assessed:** —
- **Cost recovery:** —
- **Compliance action $:** —
- **Multimedia (multi-env):** N
## Defendants
- COOPERSMITH, INC. (complaint) (settlement)
- EARTHGRAINS BAKING COMPANY (complaint) (settlement)
- EARTHGRAINS REFRIGERATED DOUGH PRODUCTS, L.P. (complaint) (settlement)
- METZ BAKING COMPANY (complaint) (settlement)
## Summary

THIS REFERRAL IS PART OF A MULTI-REGIONAL REFERRAL           BEING LEAD BY REGION 7.  EARTHGRAIN'S IS A LARGE             BAKERY OPERATION WITH 66 FACILITIES NATIONWIDE AND           18 FACILITIES LOCATED IN REGION 4.  AS PART OF A MULTI-      REGIONAL REFERRAL, REGION 4 STAFF IDENTIFIED 1,687           VIOLATIONS AT 17 OF THE 18 FACILITIES LOCATED IN REGION      4.  IN ITS BAKING PROCESS, EARTHGRAIN FACILITIES USE LARGE   INDUSTRIAL CHILLERS OR LARGE COMPRESSORS THAT CONTAIN        OVER 50 POUNDS OF CLASS I OR CLASS II REFRIGERANT.  THE      USE OF THESE REFRIGERANTS IS REGULATED UNDER SECTION 608     OF THE CAA AND 40 CFR PART 82, SUBPART F.  THE PENALTY       CALCULATION FROM THE PENALTY POLICIES FOR THE FACILITIES     IN REGION 4 IS $20,282,419 -- AN AVERAGE OF OVER             $1 MILLION PER FACILITY.  THE STATUTORY MAXIMUM PENALTY      FOR ALL VIOLATIONS IN REGION 4 IS $47,302,500.  THE          REFERRAL, HOWEVER, DOES NOT INDICATE A PARTICULAR            SUGGESTED SETTLEMENT AMOUNT.  SINCE OTHER REGIONS ARE        ALSO GENERATING LARG PENALTY CALCULATIONS, THE LITIGATION    TEAM HAS ELECTED TO DEFER THE SELECTION OF A BOTTOM-LINE     SETTLEMENT UNTIL AFTER ALL OF THE REFERRALS ARE SUBMITTED    AND EACH REGION HAS A CHANCE TO PROVIDE INPUT INTO HOW       A POSSIBLE SETTLEMENT CAN BE STRUCTURED.  NOT ALL OF THE     REGIONS HAVE FURNISHED THEIR REVIEWS SO WE DO NOT YET        KNOW HOW MANY FACILITIES NATIONWIDE (OUT OF 66) ARE          IN VIOLATION, NOR DO WE KNOW HOW THE

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