EPA v. Kiolbassa Provision-San Antonio,TX-RMP CAFO-FY2023

Case summary

EPA conducted a virtual partial compliance evaluation (VPCE) of the Facility on March 16-31, 2022, to determine compliance with Section 112(r) of the CAA, 42 USC 7412(r), and 40 CFR Part 68. The VPCE was conducted in response to an investigation of an ammonia release in June 2020 that resulted in a large fish kill in the adjacent river segment. On August 4, 2022, the EPA sent Respondent a Notice of Potential Violation and Opportunity to Confer letter. On September 8, 2022, the EPA responded to the documentation and information received from Respondent as a result of the opportunity to confer. EPA determined there were 5 findings of violation of RMP Part 68.

Defendants (1)

• Kiolbassa Provision CompanyNamed in complaintNamed in settlement

Facilities (1)

• KIOLBASSA PROVISION COMPANY

  1545 SAN MARCOS, CITY OF SAN ANTONIO, TX, 78214

  Registry ID: 110000503857

Statutes cited

• CAA 112[R][1] — Prevention of Accidental Release/General Duty Clause
• CAA 112[R][7] — Prevention of Accidental Release/Risk Management Plans (RMPs)

Enforcement conclusions (1)

• Kiolbassa Provision-San Antonio,TX-RMP CAFO-FY2023entered 2022-11-08

  Primary law: CAA

  Federal penalty: $57,188

Timeline (5 milestones)

• 2022-11-04Complaint Filed/Proposed Order
• 2022-11-08Final Order Issued
• 2022-11-18Enforcement Action Data Entered
• 2022-11-21Compliance Achieved
• 2022-11-28Enforcement Action Closed