EPA Region 7 Issues Notice of Violation to Grain Processing Corporation, Inc., of Muscatine, Iowa, for Clean Air Act Issues

U.S. Environmental Protection Agency, Region 7

901 N. Fifth St., Kansas City, KS 66101

Iowa, Kansas, Missouri, Nebraska, and Nine Tribal Nations

EPA Region 7 Issues Notice of Violation to Grain Processing Corporation, Inc., of Muscatine, Iowa, for Clean Air Act Issues

Contact Information: Chris Whitley, 913-551-7394, whitley.christopher@epa.gov

Environmental News

FOR IMMEDIATE RELEASE

(Kansas City, Kan., March 27, 2012) - EPA has issued a notice of violation to Grain Processing Corporation, Inc. (GPC), alleging the company has violated the Iowa State Implementation Plan and the federal Clean Air Act for issues related to construction and operating permits issued for its facility at Muscatine, Iowa.

EPA Region 7 has coordinated with the State of Iowa on the notice of violation, which is separate from a civil lawsuit filed December 1, 2011, by the Iowa attorney general, which alleges that GPC's facility violated the state's air pollution laws.

GPC’s plant at 1600 Oregon Street in Muscatine processes corn into ethanol, corn sweeteners and beverage alcohol.

EPA’s notice of violation to GPC specifically alleges that between 2007 and 2011, its facility repeatedly violated limits on air emissions opacity that were set forth in the company’s 1995 amended construction permit and 2003 operating permit. The notice further alleges GPC failed to notify the Iowa Department of Natural Resources of the opacity exceedances, and failed to address the exceedances in its annual compliance certifications for the years 2007 through 2011.

EPA’s notice to GPC does not address penalties, but indicates the Agency will consider additional enforcement action, which could include penalties, to ensure the facility complies with applicable laws and regulations. The notice can be viewed online at www.epa.gov/region7/newsevents/legal.

The notice was accompanied by an official request for information, which seeks details of GPC’s compliance with the Facility Response Plan requirements and Spill Prevention and Countermeasures Control requirements of the federal Clean Water Act. Information provided by the company in response to EPA’s request will be used by the Agency in evaluating GPC’s compliance. GPC’s response to EPA’s information request is due within 15 days.

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Oregon Potato Company Pays EPA Penalty for Failing to Report

News release from EPA:

Oregon Potato Company pays EPA penalty for failing to report ammonia release

Wally Moon, EPA Preparedness and Prevention Unit Manager, 206-553-6323, moon.wally@epa.gov
Tony Brown, EPA Public Affairs, 206-553-1203, brown.anthony@epa.gov

(Seattle—Jan. 26, 2012) Oregon Potato Company failed to report an anhydrous ammonia release at their facility in Warden, Washington and will pay the U.S. Environmental Protection Agency a $66,235 penalty.

On July 2, 2009, the facility released approximately 300 pounds of anhydrous ammonia into the environment, according to the EPA settlement. The facility, located at 1900 First Avenue West in Warden, Washington, produces dried and dehydrated frozen potato products.


According to Wally Moon, EPA Preparedness and Prevention Unit Manager in Seattle, these cases are about protecting workers, emergency responders and the community.


“When unintended chemical releases occur, every minute counts if it is an emergency,” said EPA’s Moon. “Emergency responders need to be notified promptly to react effectively.”


The leak occurred when a circuit breaker failed, causing a pressure relief valve to open releasing the anhydrous ammonia. EPA alleges that Oregon Potato failed to immediately notify local and state agencies about the release. While no injuries were reported at the time of the incident, ammonia is a pungent, toxic gas that attacks skin, eyes, throat, and lungs and can cause serious injury or death.


The ammonia release and the failure to notify appropriate agencies are violations of the federal Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) and the Emergency Planning and Community Right-to-Know Act (EPCRA).


For information on EPA's Emergency Planning and Community Right to Know Act, visit http://www.epa.gov/compliance/civil/epcra/epcraenfstatreq.html


For more about toxic effects of Anhydrous Ammonia (NIOSH GUIDE): http://www.cdc.gov/niosh/npg/npgd0028.html