Cargill, Incorporated (Board decision, July 30, 2026)

In re Cargill, Incorporated (EAB CAA Appeal No. 26-07C): biodiesel sulfur-testing settlement approved

Decision type
Board decision
Docket
CAA 26-07C
Decided
July 30, 2026
Outcome
Settled
Precedential status
Citable Board precedent
Checked against source
2026-08-21

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This is citable Board precedent from 2026, and it may have been appealed since. Ezel checks how it stands today and answers your situation, with citations.

Final EAB decision
This Environmental Appeals Board Final Order is a final disposition of the enforcement proceeding. The Board ratified the Consent Agreement, ordered Cargill to comply with its terms, and approved a $203,555 civil penalty. The full text below is the official EPA release.
About this page: The plain-English summary and decision snapshot below were written by Ezel based on the official EPA EAB release. The full text is the agency's own release.
Read the official release (epa.gov)

Plain-English summary

Cargill operates a biodiesel fuel manufacturing facility in Iowa Falls, Iowa. EPA alleged that Cargill used an unqualified sulfur test method for biodiesel produced during ten months of 2023 and three months of 2024, even though the data provided to EPA showed sulfur levels below the applicable 15 parts per million limit. Cargill consented to the settlement without admitting or denying the alleged violations, waived its right to appeal, and agreed to pay a $203,555 civil penalty. The EAB ratified the Consent Agreement and ordered Cargill to comply with its terms.

Decision snapshot

  • Cited authorities: Clean Air Act §§ 205 and 211; 40 C.F.R. parts 19, 22, and 1090; 42 U.S.C. §§ 7524 and 7545
  • Outcome: The Consent Agreement was ratified, and Cargill was ordered to pay a $203,555 civil penalty.
  • Key point: EPA may resolve fuel-testing enforcement through a Consent Agreement and Final Order, with the EAB ratifying the settlement and making its terms binding.

Full text (EPA EAB public release)

                                                                        F I L E D
                                                                           Jul 30, 2026
                                                                      Clerk, Environmental Appeals Board
                                               INITIALS ________________________
                 ENVIRONMENTAL APPEALS BOARD
        UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
                        WASHINGTON, D.C.


                                           )
                                           )

In re Cargill, Incorporated Docket No. CAA-2025-8714
)
)
)
)

                                    FINAL ORDER



                                 Decided July 30, 2026




   Before Environmental Appeals Judges Aaron P. Avila and Ammie Roseman-Orr.


   Order of the Board by Judge Avila:


   Pursuant to 40 C.F.R. § 22.18(b)-(c) of EPA’s Consolidated Rules of Practice, the

attached Consent Agreement resolving this matter is incorporated by reference into this Final

Order and is hereby ratified.

   The Respondent is ORDERED to comply with all terms of the Consent Agreement,

effective immediately.

   So ordered.

ENVIRONMENTAL APPEALS BOARD
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
WASHINGTON, D.C.

IN THE MATTER OF:
Docket No. CAA-2025-8714
CARGILL, INCORPORATED

Respondent.

                            CONSENT AGREEMENT

                        I. PRELIMINARY STATEMENT
  1. This is a civil administrative penalty assessment proceeding instituted under Sections

    205(c)(1) and 211(d)(1) of the Clean Air Act (CAA), 42 U.S.C. §§ 7524(c)(1) and

    7545(d)(1). The issuance of this Consent Agreement and attached Final Order (CAFO)

    simultaneously commences and concludes this proceeding. 40 C.F.R. §§ 22.13(b) and

    22.18(b)(2)-(3).

  2. The Complainant in this matter is the United States Environmental Protection Agency

    (EPA). The authority to sign Consent Agreements memorializing settlements between the

    EPA and respondents under Section 205(c) of the CAA, 42 U.S.C. § 7524(c), has been

    delegated to the Assistant Administrator of the Office of Enforcement and Compliance

    Assurance. This authority has been redelegated to the Director of the Office of Civil

    Enforcement, who has further redelegated the authority to the Director of the Air

    Enforcement Division. EPA Delegation 7-6-A.

  3. The Respondent in this matter is Cargill, Incorporated (Cargill), a corporation organized

    under the laws of Delaware with its corporate headquarters located at 15407 McGinty
    Road W, Wayzata, Minnesota 55391. As relevant here, the Respondent operates a fuel

    manufacturing facility located in Iowa Falls, Iowa that produces biodiesel.

  4. The Complainant and Respondent (collectively, the Parties), having agreed to settle this

    action, consent to the issuance of the attached Final Order ratifying this Consent

    Agreement before taking testimony and without adjudication of any issues of law or fact

    herein, and agree to comply with the terms of this Consent Agreement and the attached

    Final Order.

                               II. JURISDICTION
    
  5. This Consent Agreement is entered into under Sections 205(c)(1) and 211(d)(1) of the

    CAA, 42 U.S.C. §§ 7524(c)(1) and 7545(d)(1), and the Consolidated Rules of Practice

    Governing the Administrative Assessment of Civil Penalties and the Revocation/

    Termination or Suspension of Permits, as codified at 40 C.F.R. Part 22 (Consolidated

    Rules).

  6. The EPA may administratively assess a civil penalty if the penalty sought is less than

    $472,901. 42 U.S.C. §§ 7524(c)(1) and 7545(d)(1); 40 C.F.R. § 19.4.

  7. The Environmental Appeals Board is authorized to ratify this Consent Agreement

    memorializing the settlement between the Parties in a Final Order. 40 C.F.R.

    §§ 22.4(a)(1) and 22.18(b); EPA Delegation 7-41-C.

  8. The Consolidated Rules provide that where the parties agree to settlement of one or more

    causes of action before the filing of a complaint, a proceeding may be simultaneously

    commenced and concluded by the issuance of a Consent Agreement and Final Order.

    40 C.F.R. §§ 22.13(b) and 22.18(b)(2)-(3).

                                          2
    

    III. GOVERNING LAW

  9. This proceeding arises under Part A of Title II of the CAA, Sections 202-219, 42 U.S.C.

    §§ 7521–7554, and its implementing regulations (40 C.F.R. Part 1090). The CAA and its

    implementing regulations aim to reduce emissions from mobile sources of air pollution by,

    among other things, reducing emissions from fuel used in motor vehicles, nonroad vehicles,

    and engines, and ensuring that fuel used in motor vehicles, nonroad vehicles, and engines

    does not harm the emissions control technology necessary to meet emissions standards. The

    Alleged Violations of Law, stated below, relate to sampling and testing requirements that

    enhance the EPA’s ability to ensure that biodiesel sold in the United States meets applicable

    standards. A summary of the law and regulations that govern these allegations follows below.

  10. Definitions:

             (a) “Biodiesel” means a diesel fuel composed of mono-alkyl esters made from
    
                 nonpetroleum feedstocks. 40 C.F.R. § 1090.80.
    
             (b) “Compliance period” means the calendar year (January 1 through December
    
                 31). 40 C.F.R. § 1090.80.
    
             (c) “Diesel fuel” means any of the following: (1) Any fuel commonly or
    
                 commercially known as diesel fuel; (2) Any fuel (including nonpetroleum
    
                 diesel fuel or a fuel blend that contains nonpetroleum diesel fuel) that is
    
                 intended or used to power a vehicle or engine that is designed to operate using
    
                 diesel fuel; (3) Any fuel that conforms to the specifications of ASTM D975
    
                 (incorporated by reference in 40 C.F.R. § 1090.95) and is made available for
    
                 use in a vehicle or engine designed to operate using diesel fuel. 40 C.F.R.
    
                 § 1090.80.
    
                                               3
    

    (d) “Diesel fuel manufacturer” means a fuel manufacturer that owns, leases,

             operates, controls, or supervises a diesel fuel manufacturing facility . 40
    
             C.F.R. § 1090.80.
    
         (e) “Fuel manufacturer” means any person that owns, leases, operates, controls,
    
             or supervises a fuel manufacturing facility. Fuel manufacturers include
    
             refiners, importers, blending manufacturers, and transmix processors. 40
    
             C.F.R. § 1090.80.
    
         (f) “Fuel manufacturing facility” means any facility where fuels are produced,
    
             imported, or recertified. Fuel manufacturing facilities include refineries, fuel
    
             blending facilities, transmix processing facilities, import facilities, and any
    
             facility where fuel is recertified. 40 C.F.R. § 1090.80.
    
         (g) “Voluntary consensus standards body (VCSB)” means an organization that
    
             follows consistent protocols to adopt standards reflecting a wide range of
    
             input from interested parties. ASTM International and the International
    
             Organization for Standardization are examples of VCSB organizations. 40
    
             C.F.R. § 1090.80.
    
  11. Section 211 of the CAA, 42 U.S.C. § 7545, and its implementing regulations contain

    numerous provisions to ensure that only compliant fuels are produced and distributed in

    the United States.

  12. Under Section 211(c)(1) of the CAA, 42 U.S.C. § 7545(c)(1), the EPA may adopt a fuel

    control if: (a) the emission products of the fuel cause or contribute to air pollution that

    may reasonably be anticipated to endanger public health or welfare; or (b) the emission

    products of the fuel will significantly impair emissions control systems in general use or

                                            4
    

    emissions control systems that would be in general use were the fuel control to be

    adopted.

  13. Pursuant to its authority under Section 211(c)(1) of the CAA, 42 U.S.C. § 7545(c)(1), the

    EPA promulgated regulations that require fuel manufacturers to perform testing as

    needed to certify fuel. See 40 C.F.R. § 1090.1310.

  14. Fuel manufacturers must measure specified fuel parameters, including sulfur, to

    demonstrate compliance with standards. To measure sulfur, laboratories may use either

    the referee procedure named in 40 C.F.R. § 1090.1360(d) or an alternative procedure that

    meets specified performance criteria. See 40 C.F.R. §§ 1090.1350 and 1090.1360.

  15. Different performance criteria apply to alternative procedures depending on whether they

    have been adopted by a VCSB. A published procedure is considered non-VCSB for

    testing with fuel parameters that fall outside the range of values covered in the research

    report of the ASTM D6708 assessment comparing candidate alternative procedures to the

    referee procedure specified in 40 C.F.R. § 1090.1360(d). 40 C.F.R. §

    1090.1360(c)(3)(iii). Certification testing with non-VCSB procedures requires advance

    approval by the EPA. See 40 C.F.R. §§ 1090.1360(c)(3) and 1090.1365.

  16. Pursuant to 40 C.F.R. § 1090.1700, it is a violation for a fuel manufacturer to test the

    sulfur content of fuel using an unqualified test method. See 40 C.F.R. §§ 1090.1360 and

    1090.1365. Pursuant to 40 C.F.R. § 1090.1715(a), any person who violates 40 C.F.R. §§

    1090.1360 and 1090.1365 is liable for the violation.

  17. Any person who, after November 2, 2015, where penalties are assessed on or after

    January 8, 2025, violates the regulations prescribed under Section 211(c) of the CAA, 42

    U.S.C. § 7545(c), including the sulfur test method requirements at 40 C.F.R. Part 1090, is

                                            5
    

    subject to a civil penalty up to $59,114 per day per violation, plus the economic benefit or

    savings resulting from each violation. 42 U.S.C. § 7545(d)(1); 40 C.F.R. § 19.4. Such

    penalties are assessed in accordance with Sections 205(b) and (c) of the CAA, 42 U.S.C.

    §§ 7524(b) and (c). 42 U.S.C. § 7545(d)(1).

                             IV. STIPULATED FACTS
    
  18. On September 13 and 14, 2023, the EPA conducted an on-site inspection of Cargill’s

    Iowa Falls, Iowa, facility for compliance with CAA § 211 and the fuels regulations

    promulgated under 40 C.F.R. Parts 80 and 1090.

  19. Respondent is a “person” as defined in Section 302(e) of the CAA, 42 U.S.C. § 7602(e).

  20. Respondent is a “fuel manufacturer” as defined in 40 C.F.R. § 1090.80.

  21. Cargill owns and operates a “fuel manufacturing facility,” as defined in 40 C.F.R.

    § 1090.80, in Iowa Falls, Iowa that produces biodiesel.

  22. From March 1, 2023, through November 7, 2023, Respondent’s laboratory used ASTM

    D4951 as its sole sulfur test method for every batch of biodiesel produced at its Iowa

    Falls facility. Although the Respondent provided data indicating that the sulfur content

    did not exceed the maximum 15 parts per million (“15 ppm”) concentration authorized by

    40 C.F.R. § 1090.305 during this time, ASTM D4951 is considered a non-VCSB

    procedure and would require advanced EPA approval to use for certification testing

    purposes.

  23. From December 16, 2023, through March 7, 2024, Respondent’s laboratory used ASTM

    D4951 as a preliminary method for testing the sulfur content of every batch of its

    biodiesel produced at its Iowa Falls facility and used an independent third-party

    laboratory to verify and confirm the results using ASTM D5453, a VCSB procedure

                                           6
    

    approved by EPA for use in certification testing. ASTM D4951 is considered a non-

    VCSB procedure and would require advanced EPA approval to use for certification

    testing purposes. Data that the Respondent provided to EPA indicates that the biodiesel

    samples analyzed during this time were below the maximum 15 ppm concentration

    authorized by 40 C.F.R. § 1090.305.

                      V. ALLEGED VIOLATIONS OF LAW
    
  24. During ten months of the 2023 compliance period and three months of the 2024

    compliance period, Respondent tested the sulfur content of biodiesel produced at its Iowa

    Falls facility using an unqualified test method, in violation of 40 C.F.R. §§ 1090.1360

    and 1090.1365.

                           VI. TERMS OF AGREEMENT
    
  25. For the purpose of this proceeding, as required by 40 C.F.R. § 22.18(b)(2), Respondent:

    admits that the EPA has jurisdiction over this matter as stated above; admits to the

    stipulated facts stated above; neither admits nor denies the alleged violations of law

    stated above; consents to the assessment of a civil penalty as stated below; consents to

    any conditions specified in this Consent Agreement; waives any right to contest the

    alleged violations of law; and waives its rights to appeal the Final Order ratifying this

    Consent Agreement.

  26. By signing this Consent Agreement, respondent 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 waives any right to challenge the lawfulness of

    the Final Order ratifying the Consent Agreement.

  27. For the purpose of this proceeding, Respondent:

                                            7
    

    (a) Agrees that this Consent Agreement states a claim upon which relief may be

    granted against Respondent;

(b) Waives any and all remedies, claims for relief, and otherwise available rights to

  judicial or administrative review that Respondent may have with respect to any

  issue of fact or law set forth in this Consent Agreement;

(c) Waives any rights it may possess at law or in equity to challenge the authority of

  the EPA to bring a civil action in a United States District Court to enforce this

  Consent Agreement or Final Order, or both, and to seek an additional penalty for

  such noncompliance, and agrees that federal law will govern in any such civil

  action;

(d) Consents to personal jurisdiction in any action to enforce this Consent Agreement

  or Final Order, or both, in the United States District Court for the District of

  Columbia;

(e) Agrees that it may not delegate duties under this Consent Agreement to any other

  party without the written consent of the EPA, which may be granted or withheld

  at the EPA’s discretion. If the EPA so consents, the Consent Agreement is

  binding on the party or parties to whom the duties are delegated;

(f) Acknowledges that this Consent Agreement constitutes an enforcement action for

  purposes of considering Respondent’s compliance history in any subsequent

  enforcement actions;

(g) Acknowledges that this Consent Agreement and attached Final Order will be

  available to the public and agrees that it does not contain any confidential

  business information or personally identifiable information;



                                    8

(h) Acknowledges that its tax identification number may be used for collecting or

         reporting any delinquent monetary obligation arising from this Consent

         Agreement (see 31 U.S.C. § 7701);

  (i)    Certifies the information it has supplied concerning this matter was at the time of

         submission and to the best of its knowledge, true, accurate, and complete; and

  (j)    Acknowledges there are significant penalties for knowingly submitting false,

         fictitious, or fraudulent information, including the possibility of fines and

         imprisonment (see 18 U.S.C. § 1001).
  1. For purposes of this proceeding, the Parties each agree that:

    (a) This Consent Agreement constitutes the entire agreement and understanding of

         the Parties and supersedes any prior agreements or understandings, whether
    
         written or oral, among the Parties with respect to the subject matter of this
    
         Consent Agreement;
    

    (b) This Consent Agreement may be signed in any number of counterparts, each of

         which will be deemed an original and, when taken together, constitute one
    
         agreement; the counterparts are binding on each of the Parties individually as
    
         fully and completely as if the Parties had signed one single instrument, so that the
    
         rights and liabilities of the Parties will be unaffected by the failure of any of the
    
         undersigned to execute any or all of the counterparts; any signature page and any
    
         copy of a signed signature page may be detached from any counterpart and
    
         attached to any other counterpart of this Consent Agreement;
    
                                            9
    

    (c) Its undersigned representative is fully authorized by the Party whom he or she

         represents to bind that Party to this Consent Agreement and to execute it on behalf
    
         of that Party;
    

    (d) Each Party’s obligations under this Consent Agreement and attached Final Order

         constitute sufficient consideration for the other Party’s obligations under this
    
         Consent Agreement and attached Final Order; and
    

    (e) Each Party will bear its own costs and attorney fees in the action resolved by this

         Consent Agreement and attached Final Order.
    
                            VII.    TERMS OF PAYMENT
    
  2. Respondent agrees to pay a civil penalty in the amount of $203,555 (Assessed Penalty)

    within thirty (30) calendar days after the date the Final Order ratifying this Agreement is

    filed with the Clerk of the Environmental Appeals Board (Filing Date).

  3. Respondent shall pay the Assessed Penalty and any interest, fees, and other charges due

    using any method, or combination of appropriate methods, as provided on the EPA

    website: https://www.epa.gov/financial/makepayment. For additional instructions see:

    https://www.epa.gov/financial/additional-instructions-making-payments-epa.

  4. When making a payment, Respondent shall:

    (a) Identify every payment with Respondent’s name and the docket number of this

         Agreement, Docket No. CAA-2025-8714,
    

    (b) Concurrently with any payment or within 24 hours of any payment, Respondent

         shall serve proof of such payment to the following persons:
    
         Tommie Madison, Clerk of the Board
         U.S. Environmental Protection Agency
         Environmental Appeals Board
         1201 Constitution Ave. NW
    
                                           10
    

    WJC East Building, Room 3332
    Washington, DC 20004
    [email protected]

           Alexandra Guy, Physical Scientist
           U.S. Environmental Protection Agency
           1595 Wynkoop St., Room 7262
           Denver, CO 80202
           [email protected]
    
           and
    
           U.S. Environmental Protection Agency
           Cincinnati Finance Division
           Via electronic mail to:
           [email protected]
    
        “Proof of payment” means, as applicable, a copy of the electronic check,
    
        confirmation of credit card or debit card payment, or confirmation of wire or
    
        automated clearinghouse transfer, and any other information required to demonstrate
    
        that payment has been made according to the EPA requirements, in the amount due,
    
        and identified with Docket No. CAA-2025-8714 and Respondent’s name.
    
  5. Interest, Charges, and Penalties on Late Payments. Pursuant to 42 U.S.C. § 7524(c)(6), 31

    U.S.C. § 3717, 31 C.F.R. § 901.9, and 40 C.F.R. § 13.11, if Respondent fails to timely

    pay the full amount of the Assessed Penalty per this Agreement, the EPA is authorized to

    recover, in addition to the amount of the unpaid Assessed Penalty, the following amounts.

    (a) Interest. Interest begins to accrue from the Filing Date. If the Assessed Penalty is

           paid in full within thirty (30) days, interest accrued is waived. If the Assessed
    
           Penalty is not paid in full within thirty (30) days, interest will continue to accrue
    
           until any unpaid portion of the Assessed Penalty as well as any interest, penalties,
    
           and other charges are paid in full. Per 42 U.S.C. § 7524(c)(6), interest will be
    
           assessed pursuant to 26 U.S.C. § 6621(a)(2), that is the Internal Revenue Service
    
                                             11
    

    (“IRS”) standard underpayment rate, equal to the Federal short-term rate plus

          three (3) percentage points.
    

    (b) Handling Charges. The United States’ enforcement expenses including, but not

          limited to, attorneys’ fees and costs of collection proceedings.
    

    (c) Late Payment Penalty. A ten percent (10%) quarterly non-payment penalty.

  6. Late Penalty Actions. In addition to the amounts described in the prior Paragraph, if

    Respondent fails to timely pay any portion of the Assessed Penalty, interest, or other

    charges and penalties per this Agreement, the EPA may take additional actions. Such

    actions the EPA may take include, but are not limited to, the following.

    (a) Refer the debt to a credit reporting agency or a collection agency, per 40 C.F.R.

          §§ 13.13 and 13.14.
    

    (b) Collect the debt by administrative offset (i.e., withholding the money payable by

          the United States government to, or held by the United States government for, a
    
          person to satisfy the debt the person owes the United States government), which
    
          includes, but is not limited to, referral to the IRS for offset against income tax
    
          refunds, per 40 C.F.R. Part 13, Subparts C and H.
    

    (c) Suspend or revoke Respondent’s licenses or other privileges, or suspend or

          disqualify Respondent from doing business with the EPA or engaging in
    
          programs the EPA sponsors or funds, per 40 C.F.R. § 13.17.
    

    (d) Request that the Attorney General bring a civil action in the appropriate district

          court to recover the full remaining balance of the Assessed Penalty, in addition to
    
          interest and the amounts described above, per 42 U.S.C. § 7524(c)(6). In any such
    
                                            12
    

    action, the validity, amount, and appropriateness of the Assessed Penalty shall not

            be subject to review.
    
  7. Allocation of Payments. Pursuant to 31 C.F.R. § 901.9(f) and 40 C.F.R. § 13.11(d), a

    partial payment of debt will be applied first to outstanding handling charges, second to
    
    late penalty charges, third to accrued interest, and last to the principal that is the
    
    outstanding Assessed Penalty amount.
    
  8. Tax Treatment of Penalties. Penalties, interest, and other charges paid pursuant to this

    Agreement shall not be deductible for purposes of federal taxes.
    

    VIII. EFFECT OF CONSENT AGREEMENT AND ATTACHED FINAL ORDER

  9. In accordance with 40 C.F.R. § 22.18(c), Respondent’s full compliance with this Consent

    Agreement shall only resolve Respondent’s liability for federal civil penalties for the
    
    violations and facts specifically alleged above.
    
  10. This Consent Agreement and attached Final Order apply to and are binding on the

    Parties. Successors and assigns of Respondent are also bound if they are owned, in whole
    
    or in part, directly or indirectly, or otherwise controlled by Respondent. Nothing in the
    
    previous sentence adversely affects any right of the Complainant under applicable law to
    
    assert successor or assignee liability against Respondent’s successor or assignee.
    
  11. Pursuant to 26 U.S.C. § 6050X and 26 C.F.R. § 1.6050X-1, the EPA is required to

    annually send to the IRS a completed IRS Form 1098-F (“Fines, Penalties, and Other
    
    Amounts”) with respect to any court order or settlement agreement (including
    
    administrative settlements) that require a payor to pay an aggregate amount that the EPA
    
    reasonably believes will be equal to, or in excess of, $50,000 for the payor’s violation of
    
    any law or the investigation or inquiry into the payor’s potential violation of any law,
    
                                               13
    

    including amounts paid for “restitution or remediation of property” or to come “into

compliance with a law.” The EPA is further required to furnish a written statement,

which provides the same information provided to the IRS, to each payor (i.e., a copy of

IRS Form 1098-F). Respondent’s failure to comply with providing IRS Form W-9 or Tax

Identification Number (“TIN”), as described below, may subject Respondent to a penalty,

per 26 U.S.C. § 6723, 26 U.S.C. § 6724(d)(3), and 26 C.F.R. § 301.6723-1. To provide

EPA with sufficient information to enable it to fulfill these obligations, Respondent shall

complete the following actions as applicable.

(a) Respondent shall complete an IRS Form W-9 (“Request for Taxpayer

   Identification Number and Certification”), which is available at

   https://www.irs.gov/pub/irspdf/fw9.pdf.

(b) Respondent shall therein certify that its completed IRS Form W-9 includes

   Respondent’s correct TIN or that Respondent has applied and is waiting for

   issuance of a TIN.

(c) Respondent shall email its completed Form W-9 to the EPA’s Cincinnati Finance

   Division at [email protected] on or before the date that

   Respondent’s penalty payment is due, pursuant to Paragraph 29 of the CAFO, or

   within seven (7) days should the order become effective between December 15

   and December 31 of the calendar year. The EPA recommends encrypting IRS

   Form W-9 email correspondence.

(d) In the event that Respondent has certified in its completed IRS Form W-9 that it

   does not yet have a TIN but has applied for a TIN, Respondent shall provide the




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EPA’s Cincinnati Finance Division with Respondent’s TIN, via email, within five

            (5) days of Respondent’s receipt of a TIN issued by the IRS.
  1. This Consent Agreement shall not confer any rights or obligations upon any person other

    than the Parties and shall not be enforceable by any other person except the Parties

    hereto.

  2. Nothing in this Consent Agreement relieves Respondent of the duty to comply with all

    applicable provisions of the CAA or other federal, state, or local laws or statutes, or

    restricts the EPA’s authority to seek compliance with any applicable laws or regulations,

    nor will it be construed to be a ruling on, or determination of, any issue related to any

    federal, state, or local permit.

  3. Nothing in this Consent Agreement shall be construed to limit the power of the

    Complainant to undertake any action against Respondent or any person in response to

    conditions that may present an imminent and substantial endangerment to public health,

    welfare, or the environment.

  4. Any violation of the Final Order issued by the Environmental Appeals Board in this

    matter may result in a civil judicial action to collect the civil penalty as provided in

    Section 205(c)(6) of the CAA, 42 U.S.C. § 7524(c)(6). The EPA may use any

    information submitted under the Consent Agreement and attached Final Order in an

    administrative, civil judicial, or criminal action.

  5. The EPA reserves the right to revoke this Consent Agreement and accompanying

    Assessed Penalty if, and to the extent the EPA finds, after signing this Consent

    Agreement that any information provided by Respondent was or is materially false or

    inaccurate, and the EPA reserves the right to pursue, assess, and enforce legal and

                                            15
    

    equitable remedies for the Alleged Violations of Law. The EPA will give Respondent

    written notice of such termination, which will be effective upon mailing.

  6. The Parties agree to submit this Consent Agreement to the Environmental Appeals Board

    with a request that it be ratified and incorporated into the attached Final Order.

  7. The Parties agree to issuance of the attached Final Order. Upon filing of the Consent

    Agreement and attached Final Order with the Environmental Appeals Board, the EPA

    will transmit a copy of the filed Consent Agreement and Final Order to the Respondent.

    This Consent Agreement and attached Final Order will become effective after issuance of

    the Final Order by the Environmental Appeals Board and filing with the Hearing Clerk.

                                           16
    

    The foregoing Consent Agreement, In the Matter of: Cargill, Incorporated, Docket No. CAA-
    2025-8714, is Hereby Stipulated, Agreed, and Approved for Ratification.

For Complainant:

                   Digitally signed by MEETU KAUL

MEETU KAUL Date: 2026.07.23 15:13:36
-04'00'


Ms. Meetu Kaul, Director (Acting)
Air Enforcement Division
Office of Civil Enforcement
Office of Enforcement and Compliance Assurance
U.S. Environmental Protection Agency
1200 Pennsylvania Avenue, NW (MC-2242A)
Washington, DC 20460

                    Digitally signed by LORRAINE

LORRAINE BAER BAER
Date: 2026.07.23 14:39:17 -04'00'


Lorraine Baer
Attorney-Adviser
Fuels Enforcement Branch
Air Enforcement Division
Office of Enforcement and Compliance Assurance
U.S. Environmental Protection Agency
1200 Pennsylvania Ave. NW
Washington, DC 20460

                                                   18

CERTIFICATE OF SERVICE

    I certify that copies of the foregoing Consent Agreement and Final Order in the matter of

Cargill, Incorporated, Docket No. CAA-2025-8714, were sent to the following persons on
July 30, 2026, in the manner indicated.

By E-mail:

Gina Young Lorraine Baer
Managing Assistant General Counsel Air Enforcement Division
Cargill, Incorporated Office of Civil Enforcement
Email: [email protected] Office of Enforcement and Compliance
Assurance
E-mail: [email protected]

                                                                        Digitally signed by
                                                                        TOMMIE MADISON
                                                                        Date: 2026.07.30
                                                                        13:00:05 -04'00'
                                                              Tommie Madison
                                                              Clerk of the Board

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