W2Fuel LLC - Clean Water Act Public Notice
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 W2Fuel LLC, a biodiesel plant located at 3187 320th Street, Crawfordsville, Iowa, 52621, for alleged violations of the Spill Prevention, Control, and Countermeasure (“SPCC”) requirements of Section 311(j)(1)(C) of the CWA and implementing regulations at 40 C.F.R. Part 112.
Under Section 311(b)(6)(B)(ii) of the CWA, 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. In this case, the EPA is providing notice of the proposed assessment of a Class II civil penalty pursuant to 311(b)(6)(B)(ii) of the CWA, 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 Respondent failed to fully prepare and implement an SPCC plan in violation of 40 C.F.R § 112.3 to fully implement an SPCC Plan at the facility and to provide properly sized secondary containment for bulk storage tanks and process tanks located inside the facility. Respondent has reached agreement with 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 civil penalty of $54,900. Final approval of the proposed Consent Agreement/Final Order is subject to the requirements of 40 C.F.R. § 22.45. Respondent has remedied the violations.
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 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, at [email protected] or 913-551-7972. Please reference Docket No. CWA-07-2023-0056. For Technical questions contact Mark Aaron, Enforcement and Compliance Assurance Division, at [email protected] or 913-551-7205. Persons with legal questions may contact Anna Landis, Office of Regional Counsel, at [email protected] or 913-551-7081. In order to provide opportunity for public comment, EPA will issue no final order assessing a penalty in this proceeding prior to forty (40) days from the date of this notice.
| 2023.07.18 Date |
/s/ David Cozad David Cozad Director Enforcement and Compliance Assurance Division U.S. EPA, Region 7 |
Summary
The EPA is providing notice of a proposed Administrative Penalty Assessment against W2Fuel LLC, a biodiesel plant located at 3187 320th Street, Crawfordsville, Iowa, 52621, for alleged violations of the Spill Prevention, Control, and Countermeasure (“SPCC”) requirements of Section 311(j)(1)(C) of the CWA and implementing regulations at 40 C.F.R. Part 112.
Program/Statute: Clean Water Act (CWA)
Applicant/Respondent(s):
3187 320th St.
Crawfordsville, IA 52621
Docket ID: CWA-07-2023-0056