EPA v. NEWPORT BIODIESEL INC

Case summary

On July 12, 2016, the District Court of Rhode Island signed and entered a Consent Decree settling Region 1?s multimedia case against Newport Biodiesel, Inc. for violations of the Clean Air Act, the Clean Water Act, and the Emergency Planning and Community Right-To-Know Act at the company?s biodiesel manufacturing facility in Newport, Rhode Island. The Consent Decree was lodged on June 1, 2016 and was published in the Federal Register for public comment on June 7. No comments were received and the Department of Justice filed a motion to enter the decree on July 12, 2016. That same day, Judge McConnell signed and entered the Decree. The settlement concludes a three-year enforcement action against Newport Biodiesel, during which the company installed a new air emission control system and a new fire suppression system to correct CAA NESHAP and Section 112(r) General Duty Clause violations. The consent decree requires Newport to conduct performance testing on the new control system and pay a settlement penalty of $396,000.

Defendants (1)

• NEWPORT BIODIESEL INC (SB)Named in complaintNamed in settlement

Facilities (2)

• NEWPORT BIODIESEL

  312 CONNELL HIGHWAY, NEWPORT, RI, 02840

  Registry ID: 110055218438

• NEWPORT BIODIESEL

  312 CONNELL HIGHWAY, NEWPORT, RI, 02840

  Registry ID: 110055218438

Statutes cited

• CAA 502 — Operating Permits (Title V)
• CAA 112[R][1] — Prevention of Accidental Release/General Duty Clause
• CAA 112D — MACT Standards
• CWA 311J — SPCC and/or Federal Response Plan Violations
• EPCRA 312 — Emergency and Hazardous Chemical Inventory Forms
• CAA 112 — Hazardous Air Pollutants

Enforcement conclusions (1)

• NEWPORT BIODIESEL INCentered 2016-07-12

  Primary law: CAA

  Federal penalty: $396,000

Timeline (8 milestones)

• 2015-03-31Referred To Dept Of Justice
• 2015-03-31Referred To Headquarters
• 2015-04-13Enforcement Action Data Entered
• 2016-06-01Final Order Lodged
• 2016-06-01Complaint Filed With Court
• 2016-07-12Final Order Entered
• 2017-06-30Enforcement Action Closed
• 2017-06-30Air Resolved