EPA v. Twin City Concrete Products Co. (St. Paul, Maple Plains) CAFO

Case summary

Twin City Concrete Products Company (TCC) manufactures and supplies cement-based construction products such as patching cement, anchoring cement, concrete crack filler, and non-shrink grout to home improvement stores. TCC has ten facilities in the Midwest and employs over 300 people. Two Minnesota facility locations ? Twin City Concrete Products at 1351 Troutbrook Circle, St. Paul, MN and Akona Manufacturing LLC at 1570 Halgren Road, Maple Plain, MN ? were inspected on August 15, 2012. Both facilities stored hazardous chemicals greater than the reporting thresholds, and both failed to timely submit complete Tier II inventory forms under EPCRA 312 for calendar years 2009 through 2011. A notice of Intent to file a Civil Administrative Complaint was issued on April 4, 2014. USEPA originally calculated a $76,840 proposed penalty, which was reduced for cooperation and settling before the complaint was filed. TCC agreed to pay a civil penalty of $12,487 to the U.S. Treasury within thirty days of the effective date of this CAFO, and conduct Supplemental Environmental Projects (SEPs) totaling $46,824, for a total settlement of $59,311. The SEPs include the installation of two bag houses to be used as a central vacuum to recover dust from floors and equipment, the installation of a rapid entry/exit door, and negative pressure system to reduce dust penetrating outside or into other areas of the facility, and install a tote, auger, and vacuum system in their batch mixing process to reduce airborne dust particles in the facility located at 15051 Biscayne Avenue West, in Rosemount, Minnesota. Project A consists of the two bag houses; Project B includes the rapid entry/exit door; Project C will improve ventilation to maintain negative pressure in the filling area and thus reduce penetration of airborne particles into other areas of the facility; and Project D involves the automation of the batch mixing process with a tote, auger and vacuum system. Respondent must spend a total of $5,935.00 on Project A; $2,968.00 on Project B; $8,244.00 on Project C; and $29,677.00 on Project D, totaling $46,824.00 across all SEP projects. Respondent must submit a SEP completion report to USEPA by March 31, 2015.

Defendants (1)

• Twin City Concrete Products Co.,Named in complaintNamed in settlement

Facilities (3)

• AKONA MANUFACTURING LLC

  1570 HALGREN RD, MAPLE PLAIN, MN, 55359

  Registry ID: 110023038746

• TCC MATERIALS

  1351 TROUT BROOK CIRCLE, SAINT PAUL, MN, 55117

  Registry ID: 110003720590

• AKONA MANUFACTURING LLC

  1570 HALGREN RD, MAPLE PLAIN, MN, 55359

  Registry ID: 110023038746

Statutes cited

• EPCRA 312 — Emergency and Hazardous Chemical Inventory Forms

Enforcement conclusions (1)

• Twin City Concrete Products Co. (St. Paul, Maple Plains) CAFOentered 2014-09-26

  Primary law: EPCRA

  Federal penalty: $12,487 · SEP: $46,824

Timeline (5 milestones)

• 2014-09-26Complaint Filed/Proposed Order
• 2014-09-26Enforcement Action Closed
• 2014-09-26Final Order Issued
• 2014-09-29Enforcement Action Data Entered
• 2015-03-31Pipeline Closed