ITEM 8.01
OTHER EVENTS
On December 18, 2013 , Imperial Petrole um, Inc. and e-Biofuels, LLC, (“Company”) received N otice of Violation (NOV) of Renewable Fuel Standards with respect to an investigation by the United States Environmental Protection Agency (EPA) into the Company ’ s compliance with the Section 211(o) of the Clean Air Act and the renewable fuel standard regulations promulgated at 40 C.F.R. Part 80, Subpart M (RFS regulations). Under the NOV the EPA is alleging that all of the Renewable Information Numbers (RINs) generated from July 1, 2010 through June 2, 2011by e-Biofuels (Company ID 4694 and Facility ID 82845), 33,573,595 RINs with a D-Code of 4 in total are invalid. The NOV asserts that e-Biofuels was not the producer of the fuel during this period. Under RFS regulations, 40 C.F.R. 80.1431 and 80.1461(c) “any parent corporation is liable for any violation of this subpart that is committed by any of its subsidiaries”. The Clean Air Act authorizes EPA to assess civil penalties of up to $37,500 for every day for each violation, plus the economic benefit or savings resulting from each violation.
As previously reported, on April 4, 2012, the Company ’ s wholly owned subsidiary, E-Biofuels, LLC filed for protection from creditors under Chapter 7 of the U.S. Bankruptcy Code in the United States Bankruptcy Court for the Southern District of Indiana
ITEM 9.01
EXHIBITS
99.1 Notice of Violation of Renewable Fuel Standards.
