EPA v. Backes and Toelke Agri-Products, Inc. dba Marthasville Ag Center, Inc. CAA 113D1

Case summary

Backes and Toelke dba Marthasville Ag Center, Inc. (?Respondent?) is the owner or operator of the facility at 15998 State Highway 47, Marthasville, Missouri 63357 (?Facility?). The EPA inspected the Facility on May 15, 2024. The EPA alleges that Respondent violated the following requirements of Section 112(r) of the Clean Air Act, which includes the law and implementing regulations 40 CFR 68, Chemical Accident Prevention Provisions. 1. 40 CFR 68.36(a) requires that facilities review and update the off-site consequence analysis at least once every 5 years. Note: The facility?s most recent hazard assessment at the time of inspection, dated 2008, did not use the most recent Census data for determining effects on off-site populations, as required by 40 CFR 68.30(c). It did not meet the documentation requirements of 68.39(a), or the alternative release scenario analysis requirements of 40 CFR 68.28(b), 68.28(e), and 68.39(b). This preliminary finding was identified based on a post-inspection review of facility documentation. 2. 40 CFR 68.25(b) requires that facilities determine the worst-case release quantity. This preliminary finding was identified based on a post-inspection review of facility documentation. 3. 40 CFR 68.160(b)(7) requires that facilities provide an RMP submission for the processes that includes the maximum quantity of the regulated substance in a process to two significant digits. This preliminary finding was identified based on a post-inspection review of facility documentation. 4. 40 CFR 68.52(b)(7) requires that facilities address consequences of deviation in the written operating procedures of the covered process. 5. 40 CFR 68.56(a) requires that facilities prepare and implement procedures to maintain the on-going mechanical integrity of process equipment. At the time of the inspection, the inspector observed a transfer hose at the nurse tank filling station stamped with the words ?REMOVE NO LATER THAN 2019.?

Defendants (1)

• Backes and Toelke Agri-Products, Inc. dba MarthasvNamed in complaintNamed in settlement

Facilities (1)

• MARTHASVILLE AG CENTER

  15998 HWY 47, MARTHASVILLE, MO, 63357

  Registry ID: 110011080846

Statutes cited

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

Enforcement conclusions (1)

• Backes and Toelke Agri-Products, Inc. dba Marthasville Ag Center, Inc. CAA 113D1entered 2025-04-14

  Primary law: CAA

  Federal penalty: $3,200

Timeline (4 milestones)

• 2025-04-14Final Order Issued
• 2025-04-14Complaint Filed/Proposed Order
• 2025-04-16Enforcement Action Data Entered
• 2025-05-14Enforcement Action Closed