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FEB 1 5 2017 Ja�SED Sr UNITED STATES ENVIRONMENTAL PROTECTION AGENCY s rz REGION IX 75 Hawthorne Street cCE'V� o � ■ a *6 +14,PRO ell"a San Francisco, CA 94105-3901 IjFEB z 1201? ENVIRpNMENTAL y PFRMI1'/SERwCSLTH Certified Mail No.: 70161370 0000 2235 0520 Return Receipt Requested Mr. Patrick Samson Community Fuels Inc. 809-C Snedeker Ave. Stockton, CA 95203 Re: Community Fuels Biodiesel Production Facility Port of Stockton, California Dear Mr. Samson: The United States Environmental Protection Agency("EPA") is preparing to bring an administrative enforcement action against Community Fuels, Inc. ("Community Fuels") for violations of Section 311 of the Clean Water Act ("CWA"), 42 U.S.C. § 1321. The violations occurred at the Community Fuels Biodiesel manufacturing plant in Stockton, California ("Facility"). This letter serves as a notice of EPA's intent to file a Complaint, Compliance Order and Notice of Right to Request a Hearing("Complaint") against Community Fuels for violations of the CWA. On September 21, 2016, EPA inspected the Facility. This inspection.was performed pursuant to EPA's authority under Section 311(m)(2) of the CWA, 33 U.S.C. § 1321(m)(2), to assess compliance with the Spill Prevention, Control and Countermeasure("SPCC") and Facility Response Plan ("FRP") requirements in Section 311 of the CWA, 42 U.S.C. § 1321(m), and in Title 40 of the Code of Regulations, Part 112 ("SPCC Rule"). EPA's investigation identified noncompliance with the CWA. Specific violations of the SPCC and FRP requirements include the following: • failure to amend and recertify the SPCC plan not later than six months following a change in the facility design, construction, operation or maintenance that materially affects the potential for discharge (i.e., the addition of the three 250,000-gallon biodiesel storage tanks in July 2015), between January 2016 and January 2017, in violation of 40 C.F.R. § 112.5; • -failure to maintain and implement an SPCC plan that includes appropriate containment and or diversionary structures or equipment to prevent a discharge, no discussion of the Facility's drainage control systems, general containment requirements, and use of the Printed on 100%Postconsumer Recycled Paper.Procese Chlorine Free.