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ECEIVE® FEB 2 12017 ENVIRONMENTAL EPA anticipates filing a Complaint against Community Fuels unless Commun4Y-+VTe4]EPARTMFN - advises EPA of substantial reasons not to proceed. EPA is extending to you this opportunity to advise EPA of any further information that EPA should consider before filing an action for violations of the CWA. Relevant information may include any evidence of reliance on compliance assistance, additional compliance tasks Community Fuels performed subsequent to the inspection, or financial factors bearing on Community Fuels' ability to pay a civil penalty. EPA is aware of information provided by you detailing some of the compliance actions taken at the Facility, including the work done with Condor Earth to begin the process of amending the SPCC Plan on October 20, 2016, the submittal of an amended SPCC plan on November 22, 2016 and again on January 6, 2017. Any relevant information that Community Fuels elects to submit should be sent by certified mail, return receipt requested or by email to: Mr. Pete Reich U.S. Environmental Protection Agency, Region 9 75 Hawthorne Street(ENF-3-2) San Francisco, CA 94105 Reich.peteraepa. ov Please send a copy of your response to: Ms. Rebekah Reynolds U.S. Environmental Protection Agency, Region 9 75 Hawthorne Street (ORC-3-4) San Francisco, CA 94105 Reynolds.rebekal*t�epa.gov Any penalty proposed for violations of the CWA and its implementing regulations will be calculated pursuant to EPA's "Penalty Policy for Sections 311(b) and (J) of the Clean Water Act" (the "Penalty Policy").' Also, civil penalties may be mitigated, under EPA's "Supplemental Environmental Projects Policy 2015 Update" ("SEP Policy"),Z which describes the terms under which a commitment to perform an environmental project may mitigate, in part, an EPA civil penalty. Even if you are unaware of any mitigating or exculpatory factors, EPA encourages Community Fuels to explore the possibility of settlement. If you are interested in commencing settlement negotiations, please contact Pete Reich of my staff at(415) 972-3052 or Rebekah Reynolds in the Office of Regional Counsel at (415) 972-3916, no later than thirty(30) days of receipt of this letter to schedule a meeting or conference call. In addition, with this letter and its enclosure ("Information Request"), EPA seeks additional information and documents concerning Community Fuels' compliance with the SPCC and FRP Rule requirements. This Information Request is authorized pursuant to Sections 308 1 http://www.epa.gov/sites/production/files/documents/31lpen.pdf 2 http://www.epa.gov/compliance/resources/policies/civit/seps/fnlsup-hermri-mem.pdf and http://www2.epa.gov/enforcement/supp lemental-environmental-projects-seps 3