EPA v. USDA APHIS PPQ

Case summary

On September 10,2013, EPA Region 6 issued a Consent Agreement and Final Order (CAFO) under its authority pursuant to the Clean Air Act to the United States Deparmnt of Agriculture (USDA). The CAFO was issued in response to violations of Section 112(r)(1) of the Clean Air Act. The CAFO requires the USDA to pay an assessed penalty of $30,000 within 30 days of the effective date of the CAFO. Pursuant to section 112(r)(l) of the CAA, 42 U.S.C. § 7412(r)(1), an owner/operator of a stationary source producing, processing, handling or storing substances listed pursuant to section 112(r)(3) of the CAA, 42 U.S.C. § 7412(r)(3), or any other extremely hazardous substance, has a general duty to: (1) identify hazards which may result from accidental releases of such substances using appropriate hazard assessment techniques; (2) design and maintain a safe facility, taking such steps as are necessary to prevent releases; and (3) minimize the consequences of accidental releases that do occur.

Defendants (1)

• United States Department of AgricultureNamed in complaintNamed in settlement

Facilities (1)

• USDA APHIS PPQ

  22675 N MOOREFIELD RD, EDINBURG, TX, 78541-5033

  Registry ID: 110056144104

Statutes cited

• CAA 112[R][1] — Prevention of Accidental Release/General Duty Clause

Enforcement conclusions (1)

• USDA APHIS PPQentered 2013-09-10

  Primary law: CAA

  Federal penalty: $30,000

Timeline (4 milestones)

• 2013-09-10Complaint Filed/Proposed Order
• 2013-09-10Final Order Issued
• 2013-09-30Enforcement Action Data Entered
• 2013-10-05Enforcement Action Closed