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05-2012-7160Administrative - FormalFinal Order IssuedFY 2012· Region 05

EPA v. The Andersons Ethanol LLC - CAFO

Final Order With Penalty

Case summary

This enforcement action was filed in response to violations to CAA 112(r)(7) which were discovered during RMP compliance inspections conducted at two Andersons Ethanol plants in Albion, MI (4/14/2009) and Logansport, IN (6/18/2009). The following violations were discovered at one or both of these facilities: 1.) Failure to file a Risk Management Plan on the first day ammonia was present at the facility in a quantity grater than 10,000 lbs.; 2.) Failure to complete a compilation of written process safety information; 3.) Failure to adequately train operators who work with the ammonia system; 4.) Failure to establish and implement written procedures to document the on-going integrity of the process equipment including changes to the equipment when necessary; 5.) Failure to document each inspection and test that has been performed on process equipment; 6.) Failure to obtain and evaluate information regarding the contractor operators' safety performance and program when selecting a contractor; 7.) Failure to evaluate the performance of the contractor operators' obligations.

Defendants (2)

  • The Andersons Ethanol LLC (Albion, MI)Named in complaintNamed in settlement
  • The Andersons Clymers Ethanol LLC (Logansport, IN)Named in complaintNamed in settlement

Facilities (2)

  • ANDERSONS CLYMERS ETHANOL LLC

    3389 WEST CR 300 SOUTH, LOGANSPORT, IN, 46947

    Registry ID: 110030736693

  • THE ANDERSONS ALBION ETHANOL PLANT

    26250 B DRIVE NORTH, ALBION, MI, 49224

    Registry ID: 110001843694

Statutes cited

  • CAA 112[R][7]Prevention of Accidental Release/Risk Management Plans (RMPs)

Enforcement conclusions (1)

  • The Andersons Ethanol LLC - CAFOentered 2012-08-07

    Primary law: CAA

    Federal penalty: $140,000

Timeline (3 milestones)

  • 2012-08-07Final Order Issued
  • 2012-08-07Complaint Filed/Proposed Order
  • 2012-08-14Enforcement Action Data Entered

Case metadata

EPA activity ID
3000046882
Case number
05-2012-7160
Lead agency
EPA
EPA region
05
Voluntary self-disclosure
No
Primary statute
Prevention of Accidental Release/Risk Management Plans (RMPs)

Sourced verbatim from EPA ECHO Enforcement Case Report for case 05-2012-7160 . Bulk data: ICIS-FEC download summary.

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.