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United States Sues Pan American Grain For Clean Air Violations

Release Date: 03/18/1998
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(#98021) San Juan, P.R. -- The U.S. Environmental Protection Agency (EPA) and U.S. Department of Justice (DOJ) today announced that the federal government has filed a civil lawsuit against the Pan American Grain Mfg. Co., Inc. for violations of the federally-required Commonwealth clean air plan.

Under the federal Clean Air Act, Puerto Rico was required to develop a State Implementation Plan, or SIP, to control pollution made up of fine airborne particles in the Guaynabo area of Puerto Rico. The Puerto Rico SIP requires the grainery to control emissions of fine particles measuring 10 microns (smaller than the width of a human hair) from its facilities.

"Because of the nature of their operations, graineries generate a lot of dust, which if uncontrolled become fine airborne particles," William J. Muszynski, EPA Region 2 Deputy Administrator. "The control of this dust is a crucial part of Puerto Rico's plan to make the air that its residents breathe healthier."

As a result of inspections conducted in January 1997 and other investigations, EPA found that Pan American Grain has not complied with the fine airborne particle emission control and testing standards at its Amelia, Army Terminal and Arroz Rico facilities. The federal government is seeking full compliance with the standards laid out in the Puerto Rico SIP and will also seek appropriate monetary penalties. Pan American Grain is required to install necessary control equipment, such as baghouses, to control dust emissions, and perform efficiency tests within a reasonable time frame.

During the past two years, EPA has issued two Notices of Violation (NOVs) against Pan American Grain and has worked with the company to develop a compliance strategy. The company has made some progress towards compliance at its facilities.

In 1995, Pan American Grain challenged the need for and EPA's approval of a fine particulate matter SIP in the Guaynabo area by filing a petition for review in the First Circuit Court of Appeals. On September 6, 1996, the First Circuit ruled in favor of the government .

Today's action relates only to Puerto Rico's current SIP to control particles that measure 10 microns. New studies have shown that much smaller particles, those measuring 2.5 microns, pose a greater risk to human health when they become airborne and are inhaled. In July 1997 EPA revised its fine particle standards to make them fully protective of human health. Puerto Rico will begin monitoring for these particles by the end of this year. In areas that do not meet the new more protective standard, the Commonwealth will be required to reduce levels of particles measuring 2.5 microns to healthful levels.

For more information contact:

Mary Helen Cervantes-Gross, Press Office
EPA Region 2
290 Broadway
NY, NY 10007-1866
Voice: 212-637-3673 FAX: 212-637-4445 E-Mail: cervantes.mary@epamail.epa.gov