EPA v. Primeland Cooperatives, Division of Cenex Harvest States

Case summary

This is a anhydrous ammonia storage and transfer operation located on the Nez Perce Reservation in Spalding, Idaho. The anhydrous ammonia is delivered to the facility via railcar and is then transferred to semi tanker trailers for distribution. At the time of the inspection, two railcars were full of anhydrous ammonia (total 280,000 pounds) which are above the hazardous substance thresholds for the Clean Air Act (for anhydrous ammonia the threshold is 10,000 pounds). Any facility (stationary source) that stores or uses a hazardous substance (in a single process) above a threshold quantity is required to submit a Risk Management Plan to EPA. In this case, Primeland Cooperatives, Division of Cenex Harvest States was found to be in violation of storing and using a hazardous substance above the threshold quantity without submitting a Risk Management Plan to EPA.

Defendants (1)

• Primeland Cooperatives, Division of Cenex HarvestNamed in complaintNamed in settlement

Facilities (1)

• PRIMELAND COOPERATIVES, DIVISION OF CENEX HARVEST STATES

  US HWY 95 AND SPALDING MILL RD, LAPWAI, ID, 8254

  Registry ID: 110015743551

Statutes cited

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

Enforcement conclusions (1)

• Primeland Cooperatives, Division of Cenex Harvest Statesentered 2005-01-24

  Primary law: CAA

  Federal penalty: $33,251

Timeline (4 milestones)

• 2004-11-16Enforcement Action Data Entered
• 2005-01-24Complaint Filed/Proposed Order
• 2005-01-24Final Order Issued
• 2005-08-18Enforcement Action Closed