This is a first for me, that I can remember, but EPA discovered the facilities (2) started up BEOFRE they had submitted their RMPs. The start-up date was approximately 30 before the RMPs were submitted. Respondent constructed and assisted in the commissioning and start-up of an ethanol manufacturing facility, which consists of buildings, equipment, structures, and other stationary items which are located on a single site or on contiguous or adjacent sites, and which are currently owned and operated by
The Andersons Albion Ethanol, LLC (The Andersons Albion). On April 4, 2007, under Section l 12(r) 40 C.F.R. Part 68, The Andersons Albion submitted to U.S. EPA an RMP for the Albion Facility. According to the RMP submitted to U.S. EPA by The Andersons Albion, the Albion Facility:
- fell within NAICS Code 325193, as Ethyl Alcohol Manufacturing;
- used anhydrous ammonia CAS No. 7664-47-7 as a process chemical during its operations; and
- held 85,527 lbs. of anhydrous ammonia.
On April 14, 2009, an authorized representative of U.S. EPA conducted an inspection at the Albion Facility to determine its compliance with 40 C.F.R. Part 68. On July 25, 2006, having held for use in its operations 10,000 lbs. or more of anhydrous ammonia, the Albion Facility exceeded the applicability threshold established by 40 C.F.R. § 68.130, and became subject to 40 C.F .R. Part 68. For purposes of compliance with 40 C.F.R. Part 68, in its RMP, The Andersons Albion acknowledged that the Albion Facility was required to meet Program 3 eligibility requirements at the Albion Facility. Based on the inspection conducted on April 14, 2009, U.S. EPA determined that there had been no RMP at the Albion Facility for the time period July 25, 2006 through September 14, 2006.
Respondent constructed and assisted in the commissioning and start-up of an ethanol manufacturing facility, which consists of buildings, equipment, structures, and other stationary items which are located on a single site or on contiguous or adjacent sites, and which are currently owned and operated by The Andersons Clymers Ethanol, LLC (Andersons Clymers). On May 29, 2007, under Section l 12(r) of the Act, 40 C.F.R. Part 68, The Andersons Clymers submitted to U.S. EPA an RMP for the Logansport Facility. According to the RMP submitted to U.S. EPA by The Andersons Clymers, the Logansport Facility:
- fell within NAICS Code 325193, as Ethyl Alcohol Manufacturing;
- used anhydrous ammonia CAS No. 7664-47-7as a process chemical during its operations; and
- held 85,527 lbs. of anhydrous ammonia.
On June 18, 2009, an authorized representative of U.S. EPA conducted an inspection at the Logansport Facility to determine its compliance with 40 C.F.R. Part 68. On April 30, 2007, having held for use in its operations 10,000 lbs. or more of anhydrous ammonia, the Logansport Facility exceeded the applicability threshold established by 40 C.F.R. § 68.130, and became subject to 40 C.F.R. Part 68. For purposes of compliance with 40 C.F.R. Part 68, in its RMP, The Andersons acknowledged that the Logansport Facility was required to meet Program 3 eligibility requirements at the Logansport Facility. Based on the inspection conducted on June 18, 2009, U.S. EPA determined that there had been no RMP at the Logansport Facility for the time period April 30, 2007 through May 29, 2007.
Section 112(r)(7)(E) of the Act, provides that after the effective date of any regulation or requirement promulgated pursuant to Section 112(r) of the Act, it shall be unlawful for any person to operate any stationary source in violation of such regulation or requirement. . Accordingly, the above-described violations of 40 C.F.R. Part 68 and Section 112(r) of the Act are subject to the assessment of a civil penalty under Section 113(d) of the Act, 42 U.S.C. § 7413(d). Complainant alleges that Respondent was the owner or operator of the Logansport Facility and the Albion Facility within the meaning of the Act. Respondent specifically denies that it was the owner or operator of the Logansport Facility or Albion Facility within the meaning of the Act, but is willing to enter into this CAFO for purposes of resolving the alleged violations. To the extent that there were any violations at the Logansport Facility and/or the Albion Facility, Respondent asserts that it was the responsibility of The Andersons Albion, The Andersons Clymers and/or The Andersons, Inc. as owners or operators, and not the Respondent. Based on an analysis of the factors specified in Section 113(e) of the Act, the facts of this case, and other factors as justice may require, U.S. EPA has determined that an appropriate civil penalty to settle this action is $30,000.00.
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