Summary

UNITED STATES ENVIRONMENTAL PROTECTION AGENCY

In accordance with Section 311(b)(6)(c) of the Clean Water Act (“CWA”), 33 U.S.C. § 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 BF Byproducts, LLC, a business located at 13210 Russell Drive, Cabool, Missouri, 65689 for alleged violations at the facility located at the address set forth above.

Under Section 311(b)(6)(B)(ii) of the Clean Water Act, 33 U.S.C. § 1321(b)(6)(B)(ii), the EPA is authorized to issue orders assessing civil penalties for various violations of the CWA. 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 a Class I or II civil penalty pursuant to 311(b)(6)(B)(ii) of the Clean Water Act, 33 U.S.C. § 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 on October 31, 2018, BF Byproducts spilled approximately 500 gallons of grease into an unnamed creek that flows into the Big Piney River. The release occurred during the transfer of grease from a truck to the undersized storage tank. Both the Missouri Department of Natural Resources and the EPA Region 7 responded to the spill and prevented the grease from entering Big Piney River.  An EPA inspection of BF Byproducts revealed that Respondent failed to develop and implement an adequate SPCC Plan, in violation of Section 311 of the Clean Water Act, 33 U.S.C. §1321 and the SPCC regulations set forth in 40 C.F.R. Part 112. Respondent has reached agreement with the EPA on the terms of a proposed Consent Agreement/Final Order which would resolve this matter.  Under the proposed Consent Agreement/Final Order, Respondent will pay a mitigated civil penalty of $2,500 based on Respondent’s substantiated ability to pay claim.  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, at R7_Hearing_Clerk_Filings@epa.gov or  913-551-7972.  Please reference Docket No. CWA-07-2020-0134.  For Technical questions contact Mark Aaron, Enforcement and Compliance Assurance Division, at aaron.mark@epa.govor 913-551-7205.  Persons with legal questions may contact Liz Huston, Office of Regional Counsel, at huston.liz@epa.gov or 913-551-7525.  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.