STATE OF INDIANA

COUNTY OF MARION

)
)
)


SS:

BEFORE THE INDIANA DEPARTMENT
OF ENVIRONMENTAL MANAGEMENT

 

COMMISSIONER OF THE DEPARTMENT
OF ENVIRONMENTAL MANAGEMENT,

Complainant,

v.

TATE & LYLE INGREDIENTS AMERICAS, INC.,

Respondent.

)
)
)
)
)
)
)
)
)
)






Case No. 2008-18076-A




 

 

AGREED ORDER

 

Complainant and Respondent desire to settle and compromise this action without hearing or adjudication of any issue of fact or law, and consent to the entry of the following Findings of Fact and Order.  Pursuant to IC 13-30-3-3, entry into the terms of this Agreed Order does not constitute an admission of any violation contained herein.  Respondent's entry into this Agreed Order shall not constitute a waiver of any defense, legal or equitable, which Respondent may have in any future administrative or judicial proceeding, except a proceeding to enforce this order.

 

I.  FINDINGS OF FACT

 

1.                  Complainant is the Commissioner (“Complainant”) of the Indiana Department of Environmental Management (“IDEM”), a department of the State of Indiana created by Indiana Code (“IC”) 13-13-1-1.

 

2.                  Respondent is Tate & Lyle Ingredients Americas, Inc. (“Respondent”), which owns and operates the wet corn milling facility with Plant I.D. No. 157-00003 (formerly known as A.E. Staley Manufacturing Company – Sagamore Plant) located at 2245 North Sagamore Parkway in Lafayette, Tippecanoe County, Indiana (“Site”).

 

3.                  IDEM has jurisdiction over the parties and the subject matter of this action.

 

4.                  Pursuant to IC 13-30-3-3, IDEM issued a Notice of Violation (NOV) on November 13, 2008 via Certified Mail to:

 

David Lynn Grider, President

CT Corporation System, Registered Agent

Tate & Lyle Ingredients Americas, Inc.

for Tate & Lyle Ingredients Americas, Inc.

2200 East Eldorado Street

251 E. Ohio Street, Suite 1100

Decatur, Illinois  62525

Indianapolis, IN 46204

 

5.                  During an investigation conducted by a representative of IDEM, the following violations were found:

 

Pursuant to Condition D.3.1(d)(2) of Part 70 Operating Permit No. 157-6009-00003 as modified by Significant Permit Modification No. 157-23285-00003 (“Part 70 Permit”) and 326 IAC 2-2, volatile organic compound (“VOC”) emissions from the Feedhouse Dryer Unit Nos. 21D301, 21D401, 48D101 and 21D501 controlled by thermal oxidizers shall have an outlet concentration of less than 10 parts per million by volume - wet (“ppmvw”) and not exceed 3.16 pounds per hour (“lbs/hr”) when the inlet VOC rate to the scrubber is 100 lbs/hr or less.

 

On January 10, 2008, compliance stack testing conducted on the Feedhouse Dryer Unit Nos. 21D301, 21D401, 48D101 and 21D501 indicated an outlet VOC concentration of 15 ppmvw and a VOC emission rate of 3.48 lbs/hr, in violation of Condition D.3.1(d)(2) of the Part 70 Permit and 326 IAC 2-2.

 

6.                  Between December 2007 and February 2008 Respondent made process and operational changes to optimize steeping temperatures and reduce the levels of Ethanol byproduct produced.

 

7.                  On March 26, 2008, Respondent conducted compliance stack testing on the Feedhouse Dryer Unit Nos. 21D301, 21D401, 48D101 and 21D501 which indicated compliance with the VOC emission limits in Condition D.3.1(d)(2) of the Part 70 Permit.

 

8.                  In recognition of the settlement reached, Respondent waives any right to administrative and judicial review of this Agreed Order.

 

II.  ORDER

 

1.                  This Agreed Order shall be effective (“Effective Date”) when it is approved by Complainant or Complainant’s delegate, and has been received by Respondent.  This Agreed Order shall have no force or effect until the Effective Date.

 

2.                  Respondent shall comply with Condition D.3.1(d)(2) of the Part 70 Permit.

 

3.                  All submittals required by this Agreed Order, unless Respondent is notified otherwise in writing by IDEM, shall be sent to:

 

Janusz Johnson, Compliance and Enforcement Manager

Compliance and Enforcement Branch – Mail Code 61-53

Indiana Department of Environmental Management

100 North Senate Avenue

Indianapolis, IN 46204-2251

 

4.                  Respondent is assessed a civil penalty of Five Thousand dollars ($5,000).  Said penalty amount shall be due and payable to the Environmental Management Special Fund within forty five (45) days of the Effective Date.  In the event that the civil penalty is not paid within forty five (45) days of the Effective Date, Respondent shall pay interest on the unpaid balance at the rate established by IC 24-4.6-1-101.  The interest shall continue to accrue until the civil penalty is paid in full.

 

5.                  Civil penalties are payable by check to the “Environmental Management Special Fund.”  Checks shall include the Case Number of this action and shall be mailed to:

 

Indiana Department of Environmental Management

Cashier – Mail Code 50-10C

100 North Senate Avenue

Indianapolis, IN 46204-2251

 

6.                  This Agreed Order shall apply to and be binding upon Respondent and its successors and assigns.  Respondent’s signatories to this Agreed Order certify that they are fully authorized to execute this Agreed Order and legally bind the party they represent.  No change in ownership, corporate, or partnership status of Respondent shall in any way alter its status or responsibilities under this Agreed Order.

 

7.                  In the event that any terms of this Agreed Order are found to be invalid, the remaining terms shall remain in full force and effect and shall be construed and enforced as if this Agreed Order did not contain the invalid terms.

 

8.                  Respondent shall provide a copy of this Agreed Order, if in force, to any subsequent owners or successors before ownership rights are transferred.  Respondent shall ensure that all contractors, firms and other persons performing work under this Agreed Order comply with the terms of this Agreed Order.

 

9.                  This Agreed Order is not and shall not be interpreted to be a permit or a modification of an existing permit.  This Agreed Order, and IDEM’s review or approval of any submittal made by Respondent pursuant to this Agreed Order, shall not in any way relieve Respondent of its obligation to comply with the requirements of its applicable permit or any applicable Federal or State law or regulation.

 

10.             Complainant does not, by its approval of this Agreed Order, warrant or aver in any manner that Respondent’s compliance with any aspect of this Agreed Order will result in compliance with the provisions of any permit, order, or any applicable Federal or State law or regulation.  Additionally, IDEM or anyone acting on its behalf shall not be held liable for any costs or penalties Respondent may incur as a result of Respondent’s efforts to comply with this Agreed Order.

 

11.             Nothing in this Agreed Order shall prevent or limit IDEM’s rights to obtain penalties or injunctive relief under any applicable Federal or State law or regulation, except that IDEM may not, and hereby waives its right to, seek additional civil penalties for the same violations specified in the NOV.

 

12.             Nothing in this Agreed Order shall prevent IDEM from communicating with the EPA or any other agency or entity about any matters relating to this enforcement action.  IDEM or anyone acting on its behalf shall not be held liable for any costs or penalties Respondent may incur as a result of such communications with the EPA or any other agency or entity.

 

13.             This Agreed Order shall remain in effect until Respondent complies with the terms of Order Paragraph No. 4.  IDEM will issue a Resolution of Case letter to Respondent thereafter.

 

 

TECHNICAL RECOMMENDATION:

 

RESPONDENT:

Department of Environmental Management

 

Tate & Lyle Ingredients Americas, Inc.

 

 

 

By:

 

 

By:

 

 

Roger Letterman, Chief

 

Printed:

 

 

Compliance and Enforcement Section 3

 

Title:

 

 

Office of Air Quality

 

 

 

Date:

 

 

Date:

 

 

 

 

 

 

 

 

 

COUNSEL FOR COMPLAINANT:

 

COUNSEL FOR RESPONDENT:

For the Department of Environmental Management

 

 

 

 

 

By:

 

 

By:

 

 

Deputy Attorney General

 

 

 

 

 

 

 

 

Date:

 

 

Date:

 

 

 

 

 

 

APPROVED AND ADOPTED BY THE INDIANA DEPARTMENT OF ENVIRONMENTAL

MANAGEMENT THIS

 

DAY OF

 

, 2009.

 

 

For the Commissioner:

 

 

 

Signed on August 6, 2009

 

Daniel Murray

 

Assistant Commissioner

 

Office of Air Quality