EPA v. UNITED WISCONSIN GRAIN PRODUCERS, LLC

Case summary

The U.S. Environmental Protection Agency (EPA), Region 5, issued a Consent Agreement and Final Order (CAFO) and under the Clean Air Act (the Act) to United Wisconsin Grain Producers LLC (UWGP) for violations of the Wisconsin State Implementation Plan (SIP) and UWGP�s Construction Permits for air emissions sources. UWGP also violated Section 111 of the CAA, 42 U.S.C.� 7411, containing the following New Source Performance Standards (NSPS) Subparts: � Subpart Kb, Standards of Performance for Volatile Organic Liquid Storage Vessels for Which Construction, Reconstruction, or Modification Commenced after July 23, 1984 (NSPS Subpart Kb). � Subpart VVa, Standards of Performance for Equipment Leaks of VOCs in the Synthetic Organic Chemicals Manufacturing Industry for Which Construction, Reconstruction, or Modification Commenced After November 7, 2006 (NSPS Subpart VVa). UWGP owns and operates an ethanol manufacturing facility at W123 Tessman Drive in Friesland, Wisconsin. Specifically, EPA alleges that UWGP failed to: 1) properly operate their fermentation process and associated pollution control equipment; 2) conduct inspections per NSPS Subpart Kb; and 3) conduct a compliant leak detection and repair program per NSPS Subpart VVa. EPA discovered these violations while inspecting the facility on July 28, 2011, and after reviewing data acquired from UWGP via an information request. EPA issued a Notice and Finding of Violation (NOV/FOV) on March 15, 2012. On June 25, 2012, EPA and UWGP met for a Section 113 conference regarding the violations. During the Section 113 conference and afterwards, UWGP provided evidence of action taken to improve performance of its fermentation process and associated pollution control equipment, including the replacement of scrubber packing material and process relief valves atop ferrmentors. UWGP also provided additional information to demonstrate compliance with NSPS Subparts Kb and VVa. Based on its review of the information provided and action taken by UWGP, EPA proposed a penalty based on the Clean Air Act Stationary Source Penalty Policy of $163,562. UWGP accepted the proposed penalty and agreed to enter into a CAFO to resolve this matter.

Defendants (1)

• UNITED WISCONSIN GRAIN PRODUCERS, LLCNamed in complaintNamed in settlement

Facilities (1)

• UNITED WISCONSIN GRAIN PRODUCERS, LLC

  W1231 TESSMANN RD, FRIESLAND, WI, 53935

  Registry ID: 110031001421

Statutes cited

• CAA 502 — Operating Permits (Title V)
• CAA 110 — Implementation Plan for National Primary and Secondary Ambient Air Quality Standards
• CAA 111 — New Source Performance Standards

Enforcement conclusions (1)

• UNITED WISCONSIN GRAIN PRODUCERS, LLCentered 2014-05-21

  Primary law: CAA

  Federal penalty: $163,562

Timeline (4 milestones)

• 2014-05-21Complaint Filed/Proposed Order
• 2014-05-21Final Order Issued
• 2014-05-22Enforcement Action Data Entered
• 2014-06-04Air Resolved