EPA v. Eickhoff Fertilizer, Inc. (Fountain) Consent Agreement and Final Order (CAFO)

Case summary

In 2005, USEPA Region 5 sent an Information Request to Eickhoff Fertilizer, but never received a response. The parties decided to settle this action without the filing of a complaint or adjudication of any issue of fact or law as being in the best interest of their respective interests and in the public interest. Eickhoff Fertilizer consented to the assessment of a civil penalty for violations of Section 112 (r) (7) of the Clean Air Act. Respondent agreed that on June 21, 1999, the facility stored 10,000 pounds or more of anhydrous ammonia, which exceeded the applicability threshold; Respondent acknowledged that this Facility was required to meet Program 2 eligibility requirements; that as owner or operator he was required to submit a Risk Management Plan (RMP) to EPA on June 21, 1999; that Respondent submitted an RMP to EPA on June 15, 1999; that Respondent fell within NAICS code 49313 as Farm Warehousing, and that he stored anhydrous ammonia there during its operations, in the amount of 260,000 pounds. On February 3, 2000, Respondent resubmitted an RMP for the facility; that he was required to resubmit an RMP for the facility no later than February 3, 2005; that he failed to resubmit an RMP by February 3, 2005, and that he re-submitted an RMP on April 30, 2013. Respondent's failure to timely resubmit an RMP for the Facility was a violation of Section 112(r)(7)(E)of the Clean Air Act. EPA determined that the appropriate civil penalty to settle this action was $13,000.00, due within 30 days after the effective date of this CAFO. The CAFO was signed July 30, 2014.

Defendants (1)

• Eickhoff Fertilizer, Inc.Named in complaintNamed in settlement

Facilities (1)

• EICKHOFF FERTILIZER INC.

  TOWNSHIP ROAD SOUTHWEST OF FOUNTAIN, FOUNTAIN, MN, 55935

  Registry ID: 110000709494

Statutes cited

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

Enforcement conclusions (1)

• Eickhoff Fertilizer, Inc. (Fountain) Consent Agreement and Final Order (CAFO)entered 2014-07-30

  Primary law: CAA

  Federal penalty: $13,000

Timeline (6 milestones)

• 2014-07-30Complaint Filed/Proposed Order
• 2014-07-30Final Order Issued
• 2014-07-30Demand for Stipulated Penalties
• 2014-07-30Enforcement Action Closed
• 2014-07-30Pipeline Closed
• 2014-08-07Enforcement Action Data Entered