BG Products, Inc. - 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 BG Products, Inc., for alleged violations stemming from failure to fully prepare and implement Facility Response Plans (“FRP”) at two facilities and failure to fully prepare and implement a Spill Prevention, Control, and Countermeasure (“SPCC”) plan at one facility that met the requirements of Section 311(j) of the CWA and implementing regulations found 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 Section 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 prepare and implement FRPs at two facilities in El Dorado and Wichita, Kansas. The EPA also alleges the Respondent failed to fully prepare and implement an SPCC plan in violation of 40 C.F.R § 112.3, 112.7, and 112.8 at the Respondent’s facility in Wichita, Kansas. 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 civil penalty of $258,978. 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 [email protected] or 913-551-7972. Please reference Docket No. CWA-07-2023-0136. For technical questions contact William Blair, Enforcement and Compliance Assurance Division, at [email protected] or 913-551-7619. Persons with legal questions may contact Adam Hilbert, Office of Regional Counsel, at hilbert.adam@epa.gov or 913-551-7113. 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.
| 2023.08.11 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 BG Products, Inc., for alleged violations stemming from failure to fully prepare and implement Facility Response Plans (“FRP”) at two facilities and failure to fully prepare and implement a Spill Prevention, Control, and Countermeasure (“SPCC”) plan at one facility that met the requirements.
Program/Statute: Clean Water Act (CWA)
Applicant/Respondent(s):
BG Products, Inc.
Kansas
Proposed action: Public Notice of Clean Water Act Administrative Penalty Settlement
Docket ID: CWA-07-2023-0136