12(r)/Air Enforcement: U.S. Environmental Protection Agency and Henderson, Iowa Grain Facility Enter into Expedited Settlement Agreement

Mitchell, Williams, Selig, Gates & Woodyard, P.L.L.C.

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The United States Environmental Protection Agency (“EPA”) and Hartland Co-op (“Heartland”) entered into an August 5th Expedited Settlement Agreement (“ESA”) addressing alleged violations of the Clean Air Act Risk Management Program regulations. See Docket No: CAA-07-2024-0083.

Heartland operates a facility in Henderson, Iowa.

EPA is stated to have conducted a compliance inspection at the Heartland facility on September 28, 2022. The purpose of the compliance inspection is stated to have been a determination of compliance with the Chemical Accident Prevention Provisions, which are commonly known as the Risk Management Program regulations.

Such regulations are promulgated at 40 C.F.R. Part 68 under Section 112(r) of the Clean Air Act.

Appended to the ESA is a Chemical Accident Prevention Provisions Inspection Findings which lists the alleged violations.

The ESA assesses a civil penalty of $3,120.00.

A copy of the ESA can be downloaded here.

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Mitchell, Williams, Selig, Gates & Woodyard, P.L.L.C.
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