Risk Management Violation Nets Fine

Thursday, April 11, 2013 @ 06:04 PM gHale


Bloomington, MN-based Advanced BioEnergy, LLC will pay $136,500 to settle claims related to risk management violations at its Huron and Aberdeen, SD, ethanol production facilities.

The violations relate to the facilities’ risk management programs and the failure to properly file Toxic Release Inventory (TRI) forms detailing the use and management of chemicals, said officials at the Environmental Protection Agency (EPA).

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“Risk management plans help prevent and reduce the impacts of potentially catastrophic accidents involving flammable and toxic chemicals,” said Mike Gaydosh, EPA enforcement director in Denver. “These plans, along with timely reporting about the use of chemicals, are vital to keeping workers and communities safe. Advanced BioEnergy has been responsive in correcting the violations and coming into compliance, and we will continue to ensure they do so.”

EPA inspections conducted in January, 2012 found Advanced BioEnergy’s ethanol plants had deficiencies in their Risk Management Plans associated with the use and storage of hazardous chemicals.

Under the Clean Air Act, facilities like the Huron and Aberdeen ethanol plants must have viable plans in place to reduce risks associated with toxic and/or flammable chemicals. These plans help companies, industries and municipalities operate responsibly and assist emergency responders by providing vital information necessary to address accidents and other incidents. By agreeing to the settlements, the company has agreed to come into compliance with federal risk management program regulations within 180 days.

Advanced BioEnergy also failed to accurately file TRI forms detailing the chemicals processed, manufactured or used at its facilities. These forms are required under the federal Emergency Planning and Community Right to Know Act. EPA’s actions should encourage better compliance with TRI reporting requirements and ensure residents and responders have complete information about chemicals present in their neighborhoods. This information also supports health studies based on the TRI database and helps federal, state, and local authorities plan for cleaning up industrial pollution spills.



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