UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
In accordance with Sections 309(g)(4)(A) and 311(b)(6)(c) of the Clean Water Act (“CWA”), 33 U.S.C. §§ 1319(g)(4)(A) and 1321(b)(6)(C), and 40 C.F.R. § 22.45 of the Consolidated Rules of Practice Governing the Administrative Assessment of Civil Penalties and the Revocation/Termination or Suspension of Permits (“Consolidated Rules”), the Environmental Protection Agency (“EPA”) is providing notice of a proposed Administrative Penalty Assessment against American Natural Processors, Inc., for alleged violations at its business located at 6081 159th Street, Galva, Iowa 51020.
Under Sections 309(g) and 311(b)(6)(B)(ii) of the Clean Water Act, 33 U.S.C. §§ 1319(g) and 1321(b)(6)(B)(ii), the EPA is authorized to issue orders assessing civil penalties for various violations of the Clean Water Act. The EPA may issue such orders after filing a Complaint commencing either a Class I or Class II penalty proceeding. The EPA provides notice of the proposed assessment of Class II civil penalties pursuant to Sections 309(g)(4)(A) and 311(b)(6)(B)(ii) of the Clean Water Act, 33 U.S.C. §§ 1319(g)(4)(A) and 1321(b)(6)(B)(ii). Class II proceedings are conducted under the EPA’s Consolidated Rules, 40 C.F.R. Part 22.
In this case, the EPA alleges that Respondent discharged vegetable oil into the waters of the United States, violated the requirements of its wastewater NPDES permit (IA008212), and violated the requirements of its NPDES general permit for stormwater discharges associated with industrial activity (Iowa General Permit No. 1, Authorization No. 16686-16459), in violation of Sections 301 and 401 of the Clean Water Act, 33 U.S.C. §§ 1311 and 1342. The EPA also alleges that Respondent failed to prepare and implement a Spill Prevention, Control and Countermeasures (“SPCC”) plan in violation of Section 311 of the CWA, 33 U.S.C. § 1321, and 40 CFR Part 112. The EPA alleges that Respondent discharged approximately 50 gallons of vegetable oil into the waters of the United States as a result of failing to have adequate procedures and controls to contain a spill within its facility; failed to comply with effluent limits for iron, total suspended solids, pH and sulfate in violation of its NPDES permit; failed to develop and implement an adequate stormwater pollution prevention plan, to perform and document employee training regarding stormwater pollution prevention practices, and to perform and document stormwater inspections as required by its stormwater general permit; and failed to develop and implement an SPCC plan that included adequate secondary containment for loading/unloading of oil tanker trucks, performance and documentation of facility inspections, perform and document employee training and perform and document integrity testing of oil storage tanks. Respondent has reached agreement with the EPA on the terms of a proposed Consent Agreement/Final Order to resolve this matter. Under the proposed Consent Agreement/Final Order, Respondent will pay a civil penalty of $25,000 for the violations of its wastewater and stormwater permits and $15,000 for failure to prepare and implement an SPCC plan. The Respondent will also perform a Supplemental Environmental Project to resolve the SPCC violations by purchasing spill response and clean-up equipment costing at least $5,000 for the Galva, Iowa Fire Department. Final approval of the proposed Consent Agreement/Final Order is subject to the requirements of 40 C.F.R. § 22.45.
The EPA will receive written comments on the proposed Administrative Penalty Assessment for a period of thirty (30) days from the date of publication of this notice. All such comments shall be submitted to the Regional Hearing Clerk at the address provided below. The procedures by which the public may submit written comments on a proposed Class II order or participate in a Class II proceeding, and the procedures by which a respondent may request a hearing, are set forth in the Consolidated Rules. Persons wishing to obtain additional information on the proceeding, receive a copy of the EPA’s Consolidated Rules, review the proposed Consent Agreement/Final Order, comment upon the proposed penalty assessment, or otherwise participate in the proceeding should contact Regional Hearing Clerk, U.S. Environmental Protection Agency, Region 7, 11201 Renner Blvd, Lenexa, KS 66219. Please reference Docket No. CWA-07-2017-0106. For technical questions regarding the wastewater and stormwater violations contact Erin Kleffner, Water Enforcement Branch, at firstname.lastname@example.org, at the above mailing address or 913-551-7921. For technical questions regarding the SPCC violations contact Eduardo Ortiz, Chemical & Oil Release Prevention Branch, at email@example.com, at the above mailing address or 913-551-7928. Persons with legal questions may contact Patricia Gillispie Miller, Office of Regional Counsel, at firstname.lastname@example.org, at the above mailing address or 913-551-7283. In order to provide opportunity for public comment, the EPA will issue no final order assessing a penalty in this proceeding prior to forty (40) days from the date of this notice.