EPA v. The Andersons, Inc. (Litchfield MI) ESA

Case summary

On October 14, 2014 an authorized EPA representative conducted a compliance inspection of the Andersons, Inc., located at 1090 Homer Road, Litchfield, Michigan to determine its compliance with the Risk Management Plan ( RMP ) regulations promulgated pursuant to Section 112(r) of the Act. Based on that inspection and documents submitted by Respondent, EPA determined that Respondent violated the following regulations: 1. 40CFR 68.39(e): failed to maintain records that included the data used to identify environmental receptors potentially affected by the worst case and alternative release scenarios; 2. 40CFR 68.48: Respondent failed to ensure the process is designed in compliance with recognized and generally accepted good engineering practices. Specifically, the 30,000 gallon storage vessel's name plate was painted over and therefore illegible; 3. 40 CFR 68.50(a)(2) Respondent failed to adequately identify in their hazard review dated October 24, 2013, opportunities for equipment or human errors that could casue an accidental release and other provisions detailed in the ESA.

Defendants (1)

• The Andersons, Inc.Named in complaintNamed in settlement

Facilities (1)

• THE ANDERSONS INC.

  1090 HOMER ROAD, LITCHFIELD, MI, 49252

  Registry ID: 110000544064

Statutes cited

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

Enforcement conclusions (1)

• The Andersons, Inc. (Litchfield MI) ESAentered 2015-07-02

  Primary law: CAA

  Federal penalty: $5,400

Timeline (5 milestones)

• 2015-07-02Complaint Filed/Proposed Order
• 2015-07-02Enforcement Action Closed
• 2015-07-02Final Order Issued
• 2015-07-05Pipeline Closed
• 2015-07-21Enforcement Action Data Entered