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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EPA Cites Realty Company for Violating Federal Law on Notice of Lead-based Paint Hazards in Reading, Pa.

EPA Cites Realty Company for Violating Federal Law on Notice of Lead-based Paint Hazards in Reading, Pa.

PHILADELPHIA (March 26, 2012) -- The U.S. Environmental Protection Agency has cited Crespo Realty, Inc. , of Flushing, N.Y., for allegedly violating a federal law requiring the company to disclose information on lead-based paint hazards to tenants renting four Reading, Pa. properties.

The Disclosure Rule under the Residential Lead-Based Paint Hazard Reduction Act requires sellers and landlords of residential housing built before 1978 (when lead-based paint was banned under federal law) to disclose to purchasers and tenants the presence of known lead-based paint hazards (or lack of knowledge of hazards). Landlords must provide a lead hazard information pamphlet; provide a standard warning statement in the lease on the dangers of lead-based paint; and include disclosure and acknowledgment language in leases.

According to EPA's complaint, Crespo Realty, Inc. did not provide the required lead hazard information and lead hazard disclosures in five leases in four residential properties in Reading.   EPA will propose a penalty for these alleged violations after giving the company an opportunity to respond to the complaint. However, the complaint notes that the statutory maximum penalty for violations of the Disclosure Rule is $11,000 per violation. Crespo has the right to a hearing to contest the alleged violations.

EPA is cooperating with other federal, state, and local agencies to protect tenants and homeowners from the health risks of lead-based paint. High blood levels of lead can cause permanent damage to the nervous system and widespread health problems, such as a reduced intelligence and attention span, hearing loss, stunted growth, reading and learning problems and behavioral difficulties. Young children, in particular, are most vulnerable because their nervous systems are still developing.

For more information on environmental, health, and legal issues involving lead, please visit http://www.epa.gov/lead/index.html.