Document ybr6b4rzm2G7J34n87ka386e4

In the Matter of Plains Grain Company, Respondent. FILED 29 APR 25 AM 09:27 UNITED STATES ENVIRONMENTAL PROTECTION AGENCY REGION 6 DALLAS, TEXAS REGIONAL HEARING CLERK EPA REGION 6 Docket No. FIFRA-06-2025-0325 EXPEDITED SETTLEMENT AGREEMENT AND FINAL ORDER 1. The U.S. Environmental Protection Agency, Region 6 ("EPA" or "Complainant" alleges that Plains Grain Company ("Respondent") failed to comply with Section 7(c) of the Federal Insecticide, Fungicide and Rodenticide Act (FIFRA), 7 U.S.C. 136e(c). 2. Section 7(c) of FIFRA, 7 U.S.C. 136e(c), requires any producer operating an establishment registered under Section 7 of FIFRA, 7 U.S.C. 136e(c), to inform EPA of the types and amounts of pesticides and, if applicable, active ingredients used in producing pesticides, which the producer is currently producing, which the producer has produced during the past year, and which the producer has sold or distributed during the past year. The information required by Section 7(c) of FIFRA, 7 U.S.C. 136e(c), must be kept current and submitted to the EPA annually as required under any regulation issued pursuant to Section 7 of FIFRA, 7 U.S.C. 136e. 3. The regulations at 40 C.F.R. Part 167 set out the registration and reporting requirements for pesticide and active ingredient producing establishments. Pursuant to 40 C.F.R. 167.85(d), a producer operating an establishment must submit an initial report no later In the Matter of Plains Grain Company Docket No. FIFRA-06-2025-0325 than 30 days after the first registration of each establishment the producer operates. Thereafter, the producer must submit an annual report on or before March 1 of each year, even if the producer has produced no pesticidal product for that reporting year. 4. Respondent operates the establishment assigned EPA Establishment Number 56906-TX-1 located in Abernathy, Texas. 5. Respondent failed to timely submit annual pesticide production reports on or before the annual reporting deadlines of March 1, 2024, and March 1, 2025, for EPA Est. No. 56906-TX-1. 6. Respondent's failure to timely submit annual pesticide production reports on or before the annual reporting deadlines of March 1, 2024, and March 1, 2025, for EPA Est. No. 56906-TX-1 is a violation of Section 7(c) of FIFRA, 7 U.S.C. 136e(c). 7. EPA is authorized to enter into this Expedited Settlement Agreement and Final Order ("Agreement"), and this proceeding for the assessment of a civil penalty is simultaneously commenced and concluded, pursuant to Section 14(a) of FIFRA, 7 U.S.C. 136I(a), and 40 C.F.R. 22.13(b). 8. In signing this Agreement, Respondent: (a) admits that Respondent is subject to the requirements set forth above; (b) admits that the EPA has jurisdiction over Respondent and Respondent's conduct as alleged herein; (c) neither admits nor denies the factual allegations contained herein; (d) consents to the assessment of this penalty; and (e) waives any right to contest the allegations contained herein, and its right to appeal the proposed Final Order attached hereto; (f) waives any rights or defenses that Respondent has or may have for this matter to be resolved in federal court, including but not limited to any right to a jury trial, and Page 2 of 8 In the Matter of Plains Grain Company Docket No. FIFRA-06-2025-0325 waives any right to challenge the lawfulness of the final order accompanying the consent agreement. 9. By signature below, Respondent certifies, subject to civil and criminal penalties for making a false submission to the United States Government, that Respondent: (a) has corrected the alleged violations, and has submitted true and accurate documentation of such correction along with this Agreement; (b) has provided a deposit for payment of the civil penalty as set forth below; (c) has submitted a true and accurate proof of deposit for payment of the civil penalty along with this Agreement; and (d) agrees to release the deposit for payment to EPA upon entry of the Final Order attached hereto. 10. EPA and Respondent agree that settlement of this matter for a civil penalty in the amount of One Thousand Dollars ($1,000.00) is in the public interest. Respondent certifies that it has provided a deposit for payment for the full civil penalty amount, and that such payment identified Respondent by name and docket number, was made by certified or cashier's check made payable to the "United States Treasury" and sent to : U.S. Environmental Protection Agency Fines and Penalties Cincinnati Finance Center PO Box 979078 St. Louis, Missouri 63197-9000 or by alternate payment method described at http://www.epa.gov/financial/makepayment. Respondent certifies that the original Agreement and a true and accurate copy of the deposit for payment was submitted to : Lorena S. Vaughn Regional Hearing Clerk U.S. Environmental Protection Agency, Region 6 1201 Elm Street, Suite 500 (ORC) Page 3 of 8 Dallas, Texas 75270-2102 vaughn.lorena@epa.gov; and In the Matter of Plains Grain Company Docket No. FIFRA-06-2025-0325 Kiera Hancock Enforcement and Compliance Assurance Division Waste and Chemical Enforcement Branch U.S. Environmental Protection Agency, Region 6 1201 Elm Street, Suite 500 (ECDST) Dallas, Texas 75270-2101 Hancock.Kiera@epa.gov 11. Respondent understands that its failure to timely pay any portion of the civil penalty may result in the commencement of a civil action in Federal District Court to recover the full remaining balance, along with penalties and accumulated interest. In such case, interest shall begin to accrue on a civil or stipulated penalty from the date of delinquency until such civil or stipulated penalty and any accrued interest are paid in full. 31 C.F.R. 901.9(b)(l). Interest will be assessed at a rate of the United States Treasury Tax and loan rates in accordance with 31 U.S.C. 3717. Additionally, a charge will be assessed to cover the costs of debt collection including processing and handling costs, and a non-payment penalty charge of six percent (6%) per year compounded annually will be assessed on any portion of the debt which remains delinquent more than ninety (90) days after payment is due. 31 U.S.C. 3717(e)(2). 12. Full payment of the civil penalty shall only resolve Respondent's liability for federal civil penalties for the violations alleged herein. The EPA reserves the right to take any enforcement action with respect to any other past, present, or future violations of FIFRA or any other applicable law. 13. The penalty specified herein shall represent civil penalties assessed by EPA and shall not be deductible for purposes of Federal, State and local taxes. Page 4 of 8 In the Matter of Plains Grain Company Docket No. FIFRA-06-2025-0325 14. Upon signing and returning this Agreement to EPA, Respondent waives the opportunity for a hearing or appeal pursuant to FIFRA. 15. Each party shall bear its own costs and fees, if any. 16. This Agreement authorized by EPA's execution of the Final Order attached hereto constitutes a final order under 40 C.F.R. Part 22. 17. This Agreement is binding on the parties signing below, and in accordance with 40 C.F.R. 22.31{b), is effective upon filing. 18. EPA and Respondent agree to the use of electronic signatures for this matter pursuant to 40 C.F.R. 22.6. EPA and Respondent further agree to electronic service of this Agreement by email to the following: To EPA: Hancock.Kiera@epa.gov To Respondent: pweidner-plainsgrain@outlook.com Page 5 of 8 RESPONDENT: PLAINS GRAIN COMPANY Date: q/ ~;)/J,,o;J5 In the Matter of Plains Grain Company Docket No. FIFRA -06-2025-0325 Name Title COMPLAINANT: U.S. ENVIRONMENTAL PROTECTION AGENCY Date: April 25, 2025 Digitally signed by CHERYL SEAGER Date: 2025.04.25 08:57:01 -05'00' Cheryl T. Seager Director Enforcement and Compliance Assurance Division U.S. EPA, Region 6 Page 6 of 8 FINAL ORDER In the Matter of Plains Grain Company Docket No. FIFRA-06-2025-0325 Pursuant to Section 14(a) of FIFRA, 7 U.S.C. 136/(a), and the Consolidated Rules of Practice Governing the Administrative Assessment of Civil Penalties and the Revocation/ Termination or Suspension of Permits, 40 C.F.R. Part 22, the foregoing Expedited Settlement Agreement resolving this matter is hereby ratified and incorporated by reference into this Final Order. Plains Grain Company is ORDERED to comply with all of the terms of the Expedited Settlement Agreement. In accordance with 40 C.F.R. 22.31(b), the effective date of the foregoing Expedited Settlement Agreement and this Final Order is the date on which this Final Order is filed with the Regional Hearing Clerk. This Final Order shall resolve only those causes of action alleged in the Expedited Settlement Agreement. Nothing in this Final Order shall be construed to waive, extinguish, or otherwise affect Respondents' (or its officers, agents, servants, employees, successors, or assigns) obligation to comply with all applicable federal, state, and local statutes and regulations, including the regulations that were the subject of this action. IT IS SO ORDERED. Rucki, Thomas Digitally signed by Rucki, Thomas Date: 2025.04.29 10:10:57 -04'00' Thomas Rucki Regional Judicial Officer Date Page 7 of 8 CERTIFICATE OF SERVICE In the Matter of Plains Grain Company Docket No. FIFRA-06-2025-0325 I certify that that a true and correct copy of the foregoing Expedited Settlement Agreement and Final Order was filed with me, the Regional Hearing Clerk, U.S. EPA, Region 6, 1201 Elm Street, Dallas, Texas 75270-2102, and that I sent a true and correct copy this day in the following manner to the addressees: Copy via Email to Complainant, EPA: Hancock.Kiera@epa.gov Copy via Email to Respondent: pweidner-plainsgrain@outlook.com Plains Grain Company 701 Texas Avenue Abernathy, Texas 79311 LORENA VAUGHN Digitally signed by LORENA VAUGHN Date: 2025.04.29 09:27:27 -05'00' Regional Hearing Clerk U.S. EPA, Region 6 Page 8 of 8