|
STATE
OF INDIANA |
) |
|
BEFORE THE INDIANA DEPARTMENT |
||
|
|
|||||
|
COMMISSIONER OF THE DEPARTMENT Complainant, v. Grain
Processing Corporation, Respondent. |
) |
|
|||
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 Grain Processing Corporation (“Respondent”), which owns/operates
the stationary corn processing facility with Plant ID No T027-00046, located at 1443 South 300 West in
Washington, Daviess County, Indiana (the “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”) via Certified Mail on
March 1, 2011 and September 12, 2011 to:
|
James
Crowder, President |
|
1600
Oregon St. |
|
Muscatine,
IA 52761 |
Respondent waives
issuance of a Notice of Violation and to the settlement period of sixty (60)
days as provided for by IC 13-30-3-3 for violations discovered after September
12, 2011 and described in the Enforcement Action letter issued to the
Respondent on April 11, 2013
5.
This
plant is a stationary corn processing facility that has been permitted since
October 19, 2007.
6.
During
an investigation conducted by a representative of IDEM, the following
violations were found:
Violations
described in the Notice of Violation issued March 1, 2011:
a.
Pursuant to 326 IAC 2-2 and Condition D.4.1
of Significant Permit Modification (SPM) No. T027-27810-00046, the particulate
matter (“PM”) emissions from the Corn Gluten Feed Final Mill System (FPC19)
shall be limited to 0.13 pounds/hour (lbs/hr) and 0.005 grains per dry standard
cubic foot (gr/dscf).
Respondent
conducted compliance testing on January 26, 2010 on the Corn Gluten Feed Final
Mill System (FPC19) which
demonstrated PM emissions of 0.16 lb/hr and 0.006 gr/dscf, in violation of 326
IAC 2-2 and Condition D.4.1 of SPM No. T027-27810-00046.
Respondent retested the Corn Gluten Feed Final Mill System (FPC19) on February
3, 2011 during which compliance with the PM limit was demonstrated.
b.
Pursuant to 326 IAC 2-2 and Condition D.9.3
of SPM No. T027-27810-00046, the nitrogen oxides (“NOx”) emissions from the
Maltodextrin Drying System (MP39) shall be limited to 0.06 pounds/million British
thermal units (lbs/MMBtu).
Respondent
conducted compliance testing on February 3, 2010 on the Maltodextrin Spray
Dryer (MP39) which demonstrated NOx emissions of 0.08 lb/MMBtu, in violation of
326 IAC 2-2 and Condition D.9.3 of SPM No. T027-27810-00046
Respondent
was issued a permit modification to increase the emission limit on December 13,
2011. Respondent retested the
Maltodextrin Spray Dryer (MP39) on February 7, 2012 which demonstrated
compliance with the NOx limit.
c.
Pursuant to 326 IAC 2-2 and Condition D.9.1
of SPM No. T027-27810-00046, the PM emissions from the Maltodextrin Drying
System (MP39) shall be limited to 9.58 lbs/hr and 0.01
gr/dscf.
Respondent
conducted compliance testing on February 3, 2010 on the Maltodextrin Drying
System (MP39) which demonstrated PM emissions of 14.21 lbs/hr and 0.013
gr/dscf, in violation of 326 IAC 2-2 and Condition D.9.1 of SPM No.
T027-27810-00046.
Respondent
retested the Maltodextrin Drying System (MP39) on
September 22, 2011 which demonstrated compliance with the PM limit.
d.
Pursuant to 40 CFR 60, Subpart Db, 326 IAC 3-5 and Conditions D.11.6 and
D.11.11 of SPM No. T027-24979-00046, a Continuous Emissions Monitoring System
(“CEMS”) for Boilers 1 and 2 common stack shall be
installed, calibrated, maintained, and operated for measuring NOx and O2 which
meet all applicable performance specifications of 326 IAC 3-5-2.
Respondent
failed to continuously monitor for NOx for 169 hours (7.7% downtime) on Boilers
1 and 2 during the third quarter of 2009, in violation of 40 CFR 60, Subpart
Db, 326 IAC 3-5 and Conditions D.11.6 and D.11.11 of SPM No. T027-24979-00046.
Respondent failed to continuously
monitor for NOx for 1656 hours (75.6% downtime) on Boilers 1 and 2 during the
fourth quarter of 2009, in violation of 40 CFR 60, Subpart Db, 326 IAC 3-5, and
Conditions D.11.6 and D.11.11 of SPM No. T027-24979-00046.
Respondent operated the NOx CEMs
continuously throughout 2010.
e.
Pursuant
to Conditions D.11.9 of SPM T027-24979-00046,
unless
otherwise specified in this permit, all reports required in Section D of this
permit shall be submitted quarterly.
Respondent failed to submit report for
Boilers 1 and 2 quarterly. Reports were
submitted semiannually for 2008, 2009 and 2010, in violation of Condition D.11.9 of SPM No. T027-24979-00046.
Respondent was issued significant
permit modification, 027-29895-00046, on December 13, 2012 which now states that
reports shall be submitted in accordance with 326 IAC 3-5.
f.
Pursuant
to 326
IAC 3-5 and Conditions
D.11.9
and C.21 of SPM No. T027-24979-00046,
unless
otherwise specified in this permit, all reports required in Section D of this
permit shall be submitted within thirty (30) days of the end of the reporting
period.
Respondent failed to submit timely
reports for Boilers 1 and 2, due by January 30, 2010. The report was post-marked March 2, 2010, in
violation of 326 IAC 3-5 and conditions D.11.9 and C.21 of
SPM No. T027-24979-00046.
Respondent submitted timely reports
for Boilers 1 and 2 in 2011and 2012.
g.
Pursuant
to 40 CFR 60, Subpart A (General Provisions), 40 CFR
Part 60, Subpart Kb (New Source Performance Standards for Volatile Organic
Storage Vessels), 326 IAC 12-1, Conditions D.7.8 and D.7.9 of Title V permit
No. 027-14200-00046, Conditions D.7.9 and D.7.10 of SPM No. T 027-24979-00046,
and Conditions E.2.1 and E.2.2 of SPM No. T027-27810-00046, compliance with
provisions of 40 CFR Part 60, Subpart Kb for affected facilities shall be
completed within 180 days after issuance of Title V permit No. 027-14200-00046
issued October 19, 2007. Compliance
demonstration was due by April 16, 2008.
Respondent
failed to comply with provisions as required for tanks AP85, AP86, AP87, AP94, AP95 and AP96 by April 16,
2008, in violation of 40 CFR 60 Subpart A, 40 CFR 60 Subpart Kb, 326 IAC 12-1, Conditions D.7.8 and
D.7.9 of Title V permit No. 027-14200-00046, Conditions D.7.9 and D.7.10 of SPM
No. T027-24979-00046, and Conditions E.2.1 and E.2.2 of SPM No. T027-27810-00046.
Respondent
reported compliance with 40 CFR 60 Subpart Kb in January 2010. IDEM compliance inspections on February 11 and
19, 2010 confirmed compliance with 40 CFR 60 Subpart Kb.
h.
Pursuant to 40 CFR 60, Subpart A (General
Provisions), 40 CFR Part 60, Subpart VV (New Source Performance Standards for Equipment
Leaks for Volatile Organic Chemicals in Synthetic Organic Manufacturing
Industry), 326 IAC 12, Conditions E.1.1 and E.1.2 of Title V permit No.
027-14200-00046, and
Conditions E.3.1 and E.3.2 of SPM No. T027-27810-00046, compliance with provisions of
40 CFR Part 60, Subpart VV for affected facilities shall be complete within 180
days after issuance of Title V permit No.
027-14200-00046 issued October 19, 2007.
Compliance demonstration was due by April 16, 2008.
Respondent failed to comply with all
provisions as required for pumps, compressors, pressure relief devices,
sampling connections systems and valves by April 16, 2008, in violation of 40
CFR 60, Subpart A, 40 CFR
60, Subpart VV, 326 IAC 12, Conditions
E.1.1 and E.1.2 of Title V Permit No. T027-14200-00046, and Conditions E.3.1 and E.3.2 of SPM No. T027-27810-00046.
Respondent
reported compliance with 40 CFR 60, Subpart VV in November 2010. An IDEM compliance inspection on May 18, 2011
confirmed compliance with 40 CFR 60, Subpart VV.
i.
Pursuant
to 40 CFR 60, Subpart A (General Provisions), 40 CFR Part 60, Subpart VVa (New
Source Performance Standards for Equipment Leaks for Volatile Organic Chemicals
in Synthetic Organic Manufacturing Industry), 326 IAC 12-1, Conditions E.2.1
and E.2.2
of SPM No. T 027-24979-00046,
and Condition E.4.1 and E.4.2 of SPM No. T027-27810-00046,
compliance
with provisions of 40 CFR
Part 60, Subpart VVa for affected facilities shall be complete within one
hundred eighty (180) days after initial start up.
Respondent
failed to comply with all provisions as required for pumps, compressors,
pressure relief devices, sampling connections systems and valves by June 8,
2009 which is one hundred
eighty (180) days after issuance of Significant Permit Modification No.
027-24979-00046 issued December 10, 2008, in violation of 40 CFR 60, Subpart
A, 40 CFR 60, Subpart VVa
and 326 IAC 12-1, Conditions E.2.1 and E.2.2 of SPM No. T027-24979-00046, and Condition E.4.1 and E.4.2 of SPM No.
T027-27810-00046.
Respondent
reported compliance with 40 CFR 60, Subpart VVa in November 2010. An IDEM compliance inspection on May 18, 2011
confirmed compliance with 40 CFR 60, Subpart VVa.
j.
Pursuant
to 40 CFR 63, Subpart A (General Provisions), 40 CFR 63, Subpart EEEE (NESHAP
for Organic Liquids Distribution), 326 IAC 20-1, Conditions E.2.1 and E.2.2 of Title V
Permit No. T 027-14200-00046,
Conditions E.3.1 and E.3.2 of SPM No. T027-24979-00046,
and Condition E.5.1 and E.5.2 of SPM No. T027-27810-00046,
compliance with provisions of 40 CFR 63, Subpart EEEE for storage tanks, transfer racks, equipment
leak components, transport vehicles and containers, shall be completed within
180 days after issuance of Title V permit No. 027-14200-00046 issued October
19, 2007. Compliance demonstration was
due by April 16, 2008.
Respondent
failed to comply with all provisions as required for storage tanks, transfer racks,
equipment leak components, transport vehicles and containers by April
16, 2008, in violation of 40 CFR 63, Subpart A, 40 CFR 63, Subpart EEEE, 326 IAC 20-1,
Conditions E.2.1 and E.2.2 of
Title V Permit 14200-00046,
Condition E.3.1 and E.3.2 of SPM No. T027-24979-00046,
and Condition E.5.1 and E.5.2 of SPM No. T027-27810-00046.
Respondent was issued significant
permit modification, 027-29895-00046, on December 13, 2011 which approves
installation and operation of a flare which is designed to bring the unit into
compliance with 40 CFR 63, Subpart A, 40 CFR
63, Subpart EEEE, 326 IAC 20-1, Conditions E.2.1 and E.2.2 of Title V Permit 14200-00046, Condition E.3.1 and E.3.2 of SPM No.
T027-24979-00046, and Condition E.5.1 and E.5.2
of SPM No. T027-27810-00046.
Respondent
installed a flare in July 2012 that became fully operational in August 2012,
which resulted in achieving compliance with all relevant requirements.
k.
Pursuant
to Condition D.1.4 (b) of Title V Permit No. T027-14200-00046 and SPM No.
T027-24979-00046, in order to demonstrate compliance with Condition D.1.1(a),
the Permittee shall perform PM and PM10 testing on the stack exhaust from
baghouse CPC01 when the unloading and storage process is in operation within
180 days after issuance of Title V permit No. 027-14200-00046 issued October
19, 2007 and SPM No. T027-24979-00046 issued December 10, 2008. Testing was due
by April 16, 2008 and June 8, 2009.
Respondent failed to perform stack
testing as required for Baghouse CPC01 for PM/PM10 by April 16, 2008 and June
8, 2009, in violation of Condition D.1.4 (b) of Title V Permit No. 027-14200-00046 and SPM No. T027-24979-00046.
Respondent
performed stack testing on the baghouse CPC01 for PM and PM10 to demonstrate
compliance with the applicable limits on February 1, 2010.
l.
Pursuant
to Condition D.3.4 of Title V permit No. 027-14200-00046 and Condition D.3.5 (b)
of SPM No. T027-24979-00046, in order to demonstrate compliance with Condition
D.3.1, the Permittee shall perform SO2 testing on the stack exhaust from
scrubber FPC27 within 180 days after issuance of Title V permit No.
027-14200-00046 issued October 19, 2007 and within sixty (60) days after
achieving the maximum capacity, but not later than one hundred eighty (180)
days after initial startup of the two (2) additional steep tanks at the steep
area (July 7, 2008), the two (2) new gluten filter presses (January 31, 2008),
and starch tank at the feed area (February 11, 2008). Testing was due by April 16, 2008, May 12,
2008, July 29, 2008, and January 3, 2009.
Respondent failed to perform stack
testing as required for Scrubber FPC27 for SO2 by April 16, 2008 and May 12, 2008, July 29, 2008 and
January 3, 2009,
in violation of Condition D.3.4 of Title V Permit No. 027-14200-00046 and Condition D.3.5 (b) of SPM
No.T027-24979-00046.
Respondent performed
stack testing on the Scrubber FPC27 for SO2 to demonstrate compliance with the applicable
limits on July 16, 2010.
m.
Pursuant
to Condition D.4.5(c) of Title V Permit No. 027-14200-00046 and Condition
D.4.8(c) of SPM No. T027-24979-00046, the Permittee shall perform PM and PM10
testing on the stack exhaust from baghouse FPC14 and FPC20 within 180 days
after issuance of Title V permit No. 027-14200-00046 issued October 19, 2007
and SPM No. T027-24979-00046 issued December 10, 2008. Testing was due by April
16, 2008 and June 8, 2009.
Respondent failed to perform stack
testing as required for baghouses FPC14
and FPC20 PM and PM10 by April 16, 2008 and June 8, 2009, in violation of Condition D.4.5(c) of Title V Permit
No. 027-14200-00046 and Condition D.4.8(c) of SPM No. T027-24979-00046.
Respondent
performed stack testing on baghouses FPC14
and FPC20 for PM and PM10 to demonstrate compliance with the applicable
limits on January
27, 2010 and February 1, 2011, respectively.
n.
Pursuant
to Condition D.5.4 of Title V Permit No. 027-14200-00046 and Condition D.5.4 of
SPM No. T027-24979-00046, in order to demonstrate compliance with Condition
D.5.1, the Permittee shall perform PM and PM10 testing on the stack exhaust
from cyclone FPC24 (Stack FP18) when the pellet cooler is in operation, within
180 days after issuance of Title V permit No. 027-14200-00046 issued October
19, 2007 and SPM No. T027-24979-00046 issued December 10, 2008. Testing was due
by April 16, 2008 and June 8, 2009.
Respondent failed to perform stack
testing as required for cyclone FPC24 (Stack FP18) for PM and PM10 by April 16,
2008 and June 8, 2009, in violation of Condition
D.5.4 of Title V Permit No. 027-14200-00046 and Condition D.5.4 of SPM No. T027-24979-00046.
Respondent
performed stack testing on the cyclone FPC24 for PM and PM10 to demonstrate
compliance with the limits on January 29, 2010.
o.
Pursuant
to Condition D.6.6 of Title V Permit No. T027-14200-00046 and Condition D.6.6 (a)
of SPM No. T027-24979-00046, in order to demonstrate compliance with Condition
D.6.1, the Permittee shall perform PM and PM10 testing on the stack exhaust
from baghouse FPC26 within 180 days after issuance of Title V permit No.
027-14200-00046 issued October 19, 2007 and SPM No. T027-24979-00046 issued
December 10, 2008. Testing was due by
April 16, 2008 and June 8, 2009.
Respondent failed to perform stack
testing as required for baghouse FPC26
PM and PM10 by
April 16, 2008 and June 8, 2009, in violation of Condition D.6.6 of Title V Permit No. 027-14200-00046 and
Condition D.6.6 (a) of SPM No. T027-24979-00046.
Respondent
performed stack testing on baghouse
FPC26 for PM and PM10 to demonstrate compliance with the applicable limits on
January 29, 2010.
p.
Pursuant
to Condition D.7.5 (a) of Title V permit No.
027-14200-00046 and of SPM No. T027-24979-00046, in order to demonstrate
compliance with Condition D.7.2(a) and D.7.1, respectively, the Permittee shall
perform VOC testing on the stack exhaust from scrubbers APC28, APC29, APC32,
APC95, APC96, and APC35 within 180 days after issuance of Title V permit No.
027-14200-00046 issued October 19, 2007 and within sixty (60) days after achieving
the maximum capacity, but not later than one 180 days after initial startup of
the two (2) additional steep tanks at the steep area (July 7, 2008), the new
gluten tank and new filter press at the milling area (November 14, 2007), and
the two (2) new gluten filter presses (January 31, 2008) and starch tank at the
feed area (February 11, 2008). SPM No.
T027-24979-00046 was issued December 10, 2008.
Testing was due by April 16, 2008 and May 12, 2008, July 29, 2008,
January 3, 2009 and August 9, 2009.
Respondent failed to perform stack
testing as required for scrubbers
APC28, APC29, APC32, APC95, APC96, and APC35 for VOCs by April 16, 2008 and May 12, 2008, July
29, 2008, January 3, 2009 and August 9, 2009in violation of Condition D.7.5(a) of Title V Permit
No. 027-14200-00046 and of SPM No. T027-24979-00046.
Respondent
performed stack testing on the scrubbers
listed below, on the corresponding date, to demonstrate compliance with the applicable
VOC limits:
|
Unit |
Date
of test |
|
APC28 |
December
22, 2010 |
|
APC29 |
December
15, 2010 |
|
APC32 |
December
13, 2010 |
|
APC95 |
December
17, 2010 |
|
APC96 |
December
22, 2010 |
|
APC35 |
December
17, 2010 |
q.
Pursuant
to Condition D.7.5 (b) of Title V permit No.
027-14200-00046 and of SPM No. T027-24979-00046, in order to demonstrate
compliance with Condition D.7.2(b), the Permittee shall perform SO2 testing on
the stack exhaust from flash cooler vent condenser system APC31 within 180 days
after issuance of Title V Permit No. 027-14200-00046 issued October 19, 2007
and within sixty (60) days after achieving the maximum capacity, but not later
than one 180 days after initial startup of the two (2) additional steep tanks
at the steep area (July 7, 2008), the new gluten tank and new filter press at
the milling area (November 14, 2007), and the two (2) new gluten filter presses
(January 31, 2008) and starch tank at the feed area(February 11, 2008). SPM No. T027-24979-00046 was issued December
10, 2008. Testing was due by April 16,
2008 and May 12, 2008, July 29, 2008, January 3, 2009 and August 9, 2009.
Respondent failed to perform stack
testing as required for flash
cooler vent condenser system APC31 for SO2 by April 16, 2008 and May 12, 2008, July
29, 2008, January 3, 2009 and August 9, 2009, in violation of Condition D.7.5(b) of Title V Permit No.
027-14200-00046 and of SPM No. T027-24979-00046.
Respondent
performed stack testing on the flash cooler vent condenser system APC31 for SO2
to demonstrate compliance with the applicable limits on December 14, 2010.
r.
Pursuant
to Condition D.8.4 (a) of Title V permit No. 027-14200-00046 and Condition
D.8.7 (a) of SPM No. T027-24979-00046, in order to demonstrate compliance with
Condition D.8.1(a), and Conditions D.8.1 and D.8.2 respectively, the Permittee
shall perform PM and PM10 and NOx testing on the stack exhaust from starch
dryer scrubber SPC49 within 180 days after issuance of Title V permit No.
027-14200-00046 issued October 19, 2007 and within sixty (60) days after
achieving the maximum capacity, but not later than one 180 days after initial
startup of the two (2) additional steep tanks at the steep area (July 7, 2008),
the new gluten tank and new filter press at the milling area (November 14,
2007), and the two (2) new gluten filter presses (January 31, 2008) and starch
tank at the feed area(February 11, 2008).
SPM No. T027-24979-00046 was issued December 10, 2008. Testing was due by April 16, 2008 and May 12,
2008, July 29, 2008, January 3, 2009 and August 9, 2009.
Respondent failed to perform stack
testing as required for starch
dryer scrubber SPC49
for PM and PM10 and NOx by April 16, 2008 and May 12, 2008, July
29, 2008, January 3, 2009 and August 9, 2009, in violation of to Condition D.8.4(a) of Title V
Permit No. 027-14200-00046 and of SPM No. T027-24979-00046.
Respondent
performed stack testing on starch
dryer scrubber SPC49 for PM, PM10
and NOx
emissions to
demonstrate compliance with the applicable limits on July 6, 2010.
s.
Pursuant
to Condition D.8.4 (b) of Title V Permit No. T027-14200-00046 and Condition
D.8.7 (b) of SPM No. T027-24979-00046, in order to demonstrate compliance with
Condition D.8.1, and Conditions D.8.3(b) and D.8.4 respectively, the Permittee
shall perform VOC and SO2 testing on the
stack exhaust from starch dryer scrubber SPC49 within 180 days after issuance
of Title V permit No. 027-14200-00046 issued October 19, 2007 and within sixty
(60) days after achieving the maximum capacity, but not later than one 180 days
after initial startup of the two (2) additional steep tanks at the steep area
(July 7, 2008), the new gluten tank and new filter press at the milling area
(November 14, 2007), and the two (2) new gluten filter presses (January 31,
2008) and starch tank at the feed area (February 11, 2008). SPM No. T027-24979-00046 was issued December
10, 2008. Testing was due by April 16,
2008 and May 12, 2008, July 29, 2008, January 3, 2009 and August 9, 2009.
Respondent failed to perform stack
testing as required for starch
dryer scrubber SPC49
for VOC and SO2 by April
16, 2008 and May 12, 2008, July 29, 2008, January 3, 2009 and August 9, 2009, in
violation of Condition
D.8.4(b) of Title V permit No. T027-14200-00046 and Condition D.8.4 (b) of SPM
No. T027-24979-00046.
Respondent
performed stack testing on the starch
dryer scrubber SPC49
for VOC and SO2 emissions to demonstrate compliance with the applicable limits on
July 6, 2010.
t.
Pursuant
to Condition D.4.5 (a) of Title V permit No. 027-14200-00046 and Condition D.4.8
(a), (d) of SPM No. T027-24979-00046, in order to demonstrate compliance with
Condition D.4.2, the Permittee shall perform PM and PM10 and NOx testing on the
stack exhaust from thermal oxidizers FPC34a and FPC34b while the corn gluten
feed, gluten and germ dryers are operating at maximum capacity, within 180 days
after startup of the FPC34a and FPC34b.
Respondent failed to perform stack
testing as required for thermal
oxidizers FPC34a
and FPC34b for PM and PM10 and NOx by the testing deadline, in violation of Condition D.4.5(a) of Title V Permit
No. 027-14200-00046 and Condition D.4.8(a),(d) of SPM No. T027-24979-00046.
Respondent
performed stack testing on the thermal oxidizers listed below, on the corresponding date, to
demonstrate compliance with the applicable PM, PM10 and NOx
limits:
|
Unit
for NG only |
Date
of test |
|
FPC34a
|
July
19 and 20, 2010 |
|
FPC34b |
July
22, 2010 |
u.
Pursuant
to Condition D.2.4 of SPM No. T027-24979-00046, in order to demonstrate
compliance with Condition D.2.1, the Permittee shall perform SO2 testing
(including adsorption efficiency or outlet concentration, and emission rate and
capture efficiency) for caustic wet scrubber FPC06 when the corn steeping
process is in operation, within sixty (60) days after achieving the maximum
capacity, but not later than one hundred eighty (180) days after initial
startup of the two (2) additional steep tanks (July 7, 2008). Testing was due by January 3, 2009.
Respondent failed to perform stack
testing as required for scrubber FPC06 for SO2 by January 3, 2009, in violation
of Condition D.2.4 of SPM
No. T027-24979-00046.
Respondent
performed stack testing on the caustic
wet scrubber FPC06 for SO2 emissions to demonstrate compliance with the applicable
limits on January 27, 2011.
v.
Pursuant
to Condition D.3.5 (a) of SPM No. T027-24979-00046, in order to demonstrate
compliance with Condition D.3.1 and D.3.2(a), the Permittee shall perform SO2
testing (including adsorption efficiency or outlet concentration, and emission
rate and capture efficiency), and PM and PM10 testing for caustic wet scrubber
FPC07 when the mill area processes are in operation, within sixty (60) days
after achieving the maximum capacity, but not later than one hundred eighty
(180) days after initial startup of the two (2) additional steep tanks at the
steep area (July 7, 2008), and the new gluten tank and new filter press at the
milling area (November 14, 2007). Testing was due by January 3, 2009 and May
12, 2009.
Respondent failed to perform stack
testing as required for scrubber FPC07 for PM and PM10 and SO2 by January 3,
2009 and May 12, 2009, in
violation of Condition D.3.5
(a) of SPM No. T027-24979-00046.
Respondent
performed stack testing on the scrubber FPC07 for PM, PM10 and SO2 emissions to
demonstrate compliance with the applicable limits on July 8, 2010.
w.
Pursuant
to Condition D.3.5 (b) of SPM No. T027-24979-00046, in order to demonstrate
compliance with Condition D.3.1 and D.3.2(a), the Permittee shall perform PM
and PM10 testing for caustic wet scrubber FPC27 when the feed area processes
are in operation, within sixty (60) days after achieving the maximum capacity,
but not later than one hundred eighty (180) days after initial startup of the
two (2) additional steep tanks at the steep area (July 7, 2008), and the two
(2) new gluten filter presses (January 31, 2008) and starch tank at the feed
area (February 11, 2008). Testing was
due by May 12, 2008, July 29, 2008 and January 3, 2009.
Respondent
failed to perform stack testing as required for scrubber FPC27 for PM and PM10
by May 12, 2008, July 29, 2008 and January 3, 2009, in violation of Condition
D.3.5(b) of SPM No. T027-24979-00046.
Respondent
performed stack testing on scrubber FPC27 for
PM and PM10 emissions to demonstrate compliance with the applicable limits on
July 16, 2010.
x.
Pursuant
to Condition D.4.8(c) of SPM No. T027-24979-00046, in order to demonstrate
compliance with Condition D.4.1, the Permittee shall perform PM and PM10
testing for baghouses FPC10, FPC18 and FPC19, within one hundred eighty (180)
days after issuance of SPM No. T027-24979-00046 issued December 10, 2008. Testing was due by June 8, 2009.
Respondent failed to perform stack
testing as required for baghouses FPC10, FPC18, and FPC19 for PM and PM10 by
June 8, 2009, in violation of Condition
D.4.8 of SPM No.T027-24979-00046.
Respondent
performed stack testing on baghouses FPC10, FPC18, and FPC19 for PM and PM10 emissions
to demonstrate compliance with the applicable limits on January 27, January 26
and January 26, 2010, respectively.
y.
Pursuant
to Condition D.6.6 (b) of SPM No. T027-24979-00046, in order to demonstrate
compliance with Condition D.6.1, the Permittee shall perform PM/ PM10 testing
on the stack exhaust from baghouse FPC33 when the feed loadout vacuum system is
in operation, within sixty (60) days of reaching maximum capacity, but not more
than one hundred eighty (180) days after startup of the feed loadout vacuum
system (May 21, 2009). Testing was due
by November 17, 2009.
Respondent failed to perform stack
testing as required for feed loadout vacuum system FPC33 for PM and PM10 by
November 17, 2009, in violation of Condition
D.6.6 (b) of SPM No. T027-24979-00046.
Respondent
performed stack testing on the feed loadout vacuum system FPC33 for PM and PM10
emissions to demonstrate compliance with the applicable limits on July 7, 2010.
z.
Pursuant
to Condition D.9.6 (a) of SPM No. T027-24979-00046, in order to demonstrate
compliance with Condition D.9.1, the Permittee shall perform PM/ PM10 testing
on the stack exhaust from scrubber MPC39, baghouse MPC42, and dust collectors
MPC 41 and 43 while the respective processes are in operation, within one
hundred eighty (180) days after issuance of Significant Permit Modification No.
T027-24979-00046 issued December 10, 2008.
Testing was due by June 8, 2009.
Respondent failed to perform stack
testing as required for scrubber MPC39, MPC42, MPC41, and MPC43 for PM and PM10
by June 8, 2009, in violation of Condition
D.9.6(a) of SPM No. T027-24979-00046.
Respondent
performed stack testing on scrubbers MPC39, MPC42, MPC41, and MPC43 for PM and
PM10 emissions to demonstrate compliance with the applicable limits on February
3, February 3, February 4, and September 21, 2011, respectively.
aa.
Pursuant
to Condition D.9.6 (b) of SPM No. T027-24979-00046, in order to demonstrate
compliance with Condition D.9.3, the Permittee shall perform NOx testing on the
stack exhausting from maltodextrin dryer MPC39 while the dryer is in operation,
within one hundred eighty (180) days after issuance of SPM No. 027-24979-00046
issued December 10, 2008. Testing was
due by June 8, 2009.
Respondent
failed to perform stack testing as required for dryer MPC39 for NOx by June 8,
2009, in violation of Condition
D.9.6 (b) of SPM No. T027-24979- 00046.
Respondent
performed stack testing on the dryer MPC39 for NOx emissions to demonstrate
compliance with the applicable limits on February 3, 2010.
ab. Pursuant
to Condition D.4.8 (b) of SPM No. T027-24979-00046, in order to demonstrate
compliance with Condition D.4.4, the Permittee shall perform SO2 testing
(including adsorption efficiency or outlet concentration, and emission rate and
capture efficiency) for scrubbers FPC12 and FPC13, and condensing tower FPC17,
within sixty (60) days after achieving the maximum capacity, but not later than
one hundred eighty (180) days after initial startup of the new gluten dryer
(January 31, 2008) and the flue gas recirculation system for the CGF dryer
(August 1999). Testing was due by July
29, 2009.
Respondent failed to perform stack
testing as required for scrubbers FPC12, FPC13, and condensing tower FPC17 for
SO2 by July 29, 2008, in violation of Condition
D.4.8 (b) of SPM No. T027-24979-00046.
Respondent
performed stack testing on scrubbers FPC12 and FPC13, and condensing tower
FPC17 for SO2 emissions to demonstrate compliance with the applicable limits on
July 12, July 15, and January 25, 2010, respectively.
ac. Pursuant to Condition D.4.8 (e) of SPM
No. T027-24979-00046, in
order to demonstrate compliance with Condition D.4.3, the Permittee shall
perform NOx testing germ drying system, the gluten dryers, and the CGF dryer,
(for scrubbers FPC12 and FPC13, and condensing tower FPC17) within sixty (60)
days after achieving the maximum capacity, but not later than one hundred
eighty (180) days after initial startup of the new gluten dryer (January 31,
2008) and the flue gas recirculation system for the CGF dryer (August
1999). Testing was due by July 29, 2009.
Respondent failed to perform stack
testing as required for the germ drying system, the gluten dryers, and the CGF
dryer (for scrubbers
FPC12 and FPC13, and condensing tower FPC17) for NOx by July 29,
2009, in violation of Condition
D.4.8(e) of SPM No. T027-24979-00046.
Respondent
performed stack testing on scrubbers
FPC12 and FPC13, and condensing tower FPC17 for NOx emissions to demonstrate
compliance with the applicable limits on July 12, July 15, and July 14,
2010, respectively.
ad. Pursuant to Condition D.10.9 of SPM No. T027-24979-00046, in
order to demonstrate compliance with Condition D.10.2, the Permittee shall
perform H2S testing on the inlet and outlet of the biogas scrubber (UPC55)
testing shall be performed while biogas is venting to the scrubber, within
sixty (60) days after achieving the maximum capacity, but not later than one
hundred eighty (180) days after initial startup of the biogas scrubber (May 22,
2009). Testing was due by November 18,
2009.
Respondent failed to perform stack
testing as required for biogas scrubber UPC55 for H2s by November 18, 2009, in
violation of Condition D.10.9 of SPM No. T027-24979-00046.
Respondent
performed stack testing on the biogas scrubber UPC55 for H2S emissions to
demonstrate compliance with the applicable limits on April 12, 2011.
ae. Pursuant to the following conditions of
Title V Permit No. T027-14200-00046 and subsequent modifications, the Permittee
shall perform corrective actions in response to excursions or exceedances.
Respondent
failed to consistently document corrective actions as required for monitoring
excursions between January 1, 2008 – September 30,
2010, in violation of the following conditions of Title V Permit No. T027-14200-00046 and subsequent modifications.
|
Permit
No. |
Permit Condition Violated |
Emission
Unit |
Monitoring requirement |
|
14200 |
D.1.6(c)
and C.17 |
baghouses
CPC01 and FPC05 |
pressure
drop |
|
D.1.6(c) and C.17 |
baghouses CPC01 and FPC05 |
pressure drop |
|
|
14200 |
D.2.4(b)
and (c) and C.17 |
scrubber
FPC06 |
exhaust
air stream pressure drop and pH |
|
24979/27810 |
D.2.5(b)
and (c) and C.17 |
scrubber
FPC06 |
exhaust
air stream pressure drop and pH |
|
14200 |
D.3.5(b)
and (c) and C.17 |
scrubbers
FPC07 and FPC27 |
pH and
exhaust air stream pressure drop |
|
14200 |
D.3.5 (e) and C.17 |
scrubbers
FPC27 |
scrubbant
flow rate |
|
24979/27810 |
D.3.7(b)
and C.17 |
scrubbers
FPC07 and FPC27 |
pH |
|
24979/27810 |
D.3.7 (c)
and C.17 |
scrubbers
FPC07 and FPC27 |
exhaust
air stream pressure drop |
|
14200 |
D.4.7(b)(2)
and C.17 |
scrubber
of APC40 |
water
supply pressure |
|
24979/27810 |
D.4.10(b)(2)
and C.17 |
scrubber
of APC40 |
water
supply pressure |
|
14200 |
D.4.8(c)
and C.17 |
thermal
oxidizer FPC34a/b |
Duct
pressure |
|
24979/27810 |
D.4.11(c)
and C.17 |
thermal
oxidizer FPC34a/b |
Duct
pressure |
|
14200 |
D.4.9(a)(1)
and (2), D.4.9(b)(1) and (2) and C.17 |
scrubbers
FPC12 and FPC13 |
pH and
exhaust air stream pressure drop |
|
24979/27810 |
D.4.12(a)(1),
(2) and (3), D.4.12(b)(1), (2) and (3) and C.17 |
scrubbers
FPC12 and FPC13 |
pH and exhaust
air stream pressure drop, pump discharge pressure |
|
14200 |
D.4.10(b)
and C.17 |
baghouses
FPC10, FPC14 and FPC18 |
pressure
drop |
|
24979/27810 |
D.4.13(b)
and C.17 |
baghouses
FPC10, FPC14, FPC18 and FPC19 |
pressure
drop |
|
14200 |
D.4.11(e)
and C.17 |
baghouses
FPC10, FPC14, FPC18, FPC26 and FPC28 |
Visible
Emissions |
|
24979/27810 |
D.4.14(e)
and C.17 |
baghouses
FPC19 and FPC20 |
Visible
Emissions |
|
14200 |
D.6.8(c)
and (d) and C.17 |
baghouses
FPC26 and FPC28 |
pressure
drop |
|
24979/27810 |
D.6.8
(d)(e) and (f) and C.17 |
baghouses
FPC26, FPC28 and FPC33 |
pressure
drop |
|
14200 |
D.7.6(a)(1),
(2), (3) and (4), D.7.6(b)(1)and (2) and C.17 |
scrubbers
APC28, APC29 and APC32 |
exhaust
air stream pressure drop and scrubbant flow rate |
|
24979/27810 |
D.7.6(a)(1),
(2) and C.17 |
scrubbers
APC28, APC29 |
pressure
drop |
|
24979/27810 |
D.7.6(a)(3),
(4) and C.17 |
scrubbers
APC28, APC29 |
Flow rate |
|
24979/27810 |
D.7.6(b)(1),
(2) and C.17 |
scrubbers
APC32 |
exhaust
air stream pressure drop and scrubbant flow rate |
|
14200 |
D.7.6(c)
and C.17 |
scrubber
APC95 |
scrubbant
flow rate |
|
24979/27810 |
D.7.6(c)
and C.17 |
scrubber
APC95 |
scrubbant
flow rate |
|
14200 |
D.7.6(e)(1)
and C.17 |
scrubber
APC35 |
exhaust
air stream pressure drop |
|
24979/27810 |
D.7.6(e)(1)
and C.17 |
scrubber
APC35 |
exhaust
air stream pressure drop |
|
14200 |
D.8.5(b)
and (c) and C.17 |
scrubber
SPC49 |
exhaust
air stream pressure drop and scrubbant flow rate |
|
24979/27810 |
D.8.8(b)
and (c) and C.17 |
scrubber
SPC49 |
exhaust
air stream pressure drop and scrubbant flow rate |
|
14200 |
D.8.6(b)
and C.17 |
system
SP44a and SP44b |
exhaust
air stream pressure drop |
|
24979/27810 |
D.8.9(b)
and C.17 |
system
SP44a and SP44b |
exhaust
air stream pressure drop |
|
24979/27810 |
D.9.7(b)
and (c) and C.17 |
scrubbers
MPC39 |
exhaust
air stream pressure drop and scrubbant flow rate |
|
24979/27810 |
D.9.8(b)
and C.17 |
baghouses
MCC42 and MCC41 |
pressure
drop |
Respondent
has implemented a constant review and audit system which has decreased the
deviations over 95 percent in the past 2 years.
The source has also completed stack testing to change the compliance
range to comply with the compliance monitoring requirements.
af. Pursuant to 326 IAC 2-7-6 and the
following conditions of Title V Permit No. T027-14200-00046 and subsequent
modifications, the Permittee shall perform the following compliance monitoring
at least once per day.
Respondent
failed to perform required daily monitoring consistently between January 1,
2008 – September 30, 2010, in violation of 326 IAC 2-7-6 and the following
conditions of Title V Permit No. 027-14200-00046 and subsequent modifications.
|
Permit
No. |
Permit Condition Violated |
Emission
Unit |
Daily Monitoring requirement |
|
14200 |
D.1.6(a)
and (b) and D.1.8(c) |
baghouses
CPC01 and FPC05 |
pressure
drop |
|
24979/ 27810 |
D.1.6(a)
and (b) and D.1.8(b) |
baghouses
CPC01 and FPC05 |
pressure
drop |
|
14200 |
D.2.4(a)
and D.2.5(a) |
scrubber
FPC06 |
pH of the
scrubbing liquid, exhaust air stream pressure drop and pump discharge
pressure |
|
24979/ 27810 |
D.2.5(a)
and D.2.6(a) |
scrubber
FPC06 |
pH of the
scrubbing liquid, exhaust air stream pressure drop and pump discharge
pressure |
|
14200 |
D.3.5(a) and
D.3.6(a) |
scrubber
FPC07 and FPC27 |
pH of the
scrubbing liquid, exhaust air stream pressure drop and pump discharge
pressure |
|
24979/ 27810 |
D.3.7(a)
and D.3.8(b) |
scrubber
FPC07 and FPC27 |
pH of the
scrubbing liquid, exhaust air stream pressure drop and pump discharge
pressure |
|
14200 |
D.4.7(b)(1)
and D.4.13(c) |
scrubber
APC40 |
supply
water pressure |
|
14200 |
D.4.9(a)
and (b) and D.4.13(c) |
scrubbers
FPC12 and FPC13 |
pH of the
scrubbing liquid, exhaust air stream pressure drop and pump discharge
pressure |
|
24979/ 27810 |
D.4.12(a)
and (b) and D.4.16(f) |
scrubbers
FPC12 and FPC13 |
pH of the
scrubbing liquid, exhaust air stream pressure drop and pump discharge
pressure |
|
14200 |
D.4.10(a)
and D.4.13(c) |
baghouses
FPC10, FPC14, FPC18 and FPC19 |
pressure
drop |
|
24979/ 27810 |
D.4.13(a)
and D.4.16(g) |
baghouses
FPC10, FPC14, FPC18, FPC19and FPC20 |
pressure
drop |
|
14200 |
D.6.8(a)
and (b) and D.6.10(b) |
baghouses
FPC26 and FPC28 |
pressure
drop |
|
24979/ 27810 |
D.6.8(a)
and (b) and D.6.10(a) |
baghouses
FPC26 and FPC28 |
pressure
drop |
|
14200 |
D.7.6(a) and
D.7.7(b) |
scrubbers
APC28 and APC29 |
exhaust
air stream pressure drop and scrubbant flow rate |
|
24979/ 27810 |
D.7.6(a)
and D.7.8(b) |
scrubbers
APC28 and APC29 |
exhaust
air stream pressure drop and scrubbant flow rate |
|
14200 |
D.7.6(b),
D.7.6(e) and D.7.7(b) |
scrubber
APC32 and APC 35 |
exhaust
air stream pressure drop and scrubbant flow rate |
|
24979/ 27810 |
D.7.6(b), D.7.6(e)
and D.7.8(a) |
scrubber
APC32 and APC 35 |
exhaust
air stream pressure drop and scrubbant flow rate |
|
14200 |
D.7.6(c),
D.7.6(d) and D.7.7(b) |
scrubber
APC95 and APC96 |
scrubbant
flow rate |
|
24979/ 27810 |
D.7.6(c),
D.7.6(d) and D.7.8(a) |
scrubber
APC95 and APC96 |
scrubbant
flow rate |
|
14200 |
D.8.5(a)
and D.8.9(b) |
scrubber
APC49 |
exhaust
air stream pressure drop and scrubbant flow rate |
|
24979/ 27810 |
D.8.8(a) and
D.8.12(b) |
scrubber
APC49 |
exhaust
air stream pressure drop and scrubbant flow rate |
|
14200 |
D.8.6(a)
and D.8.9(b) |
baghouse/dust
collector 44a/44b |
pressure
drop |
|
24979/ 27810 |
D.8.9(a)
and D.8.12(c) |
baghouse/dust
collector 44a/44b |
pressure
drop |
|
24979/ 27810 |
D.9.7(a)
and D.9.11(a) |
scrubber
MPC39 |
exhaust
air stream pressure drop and scrubbant flow rate |
|
24979/ 27810 |
D.9.8(a)
and D.9.11(b) |
baghouseMPC42,
MPC41, MPC44 |
pressure
drop |
|
24979/ 27810 |
D.10.11
and D.10.14(b) |
scrubber
UPC55 |
pH |
|
24979/ 27810 |
D.11.7(e)
and D.11.8(c) |
boiler’s
stack exhaust UPC51 |
Visible
Emissions |
Respondent
has implemented a constant review and audit system which has decreased the
deviations over 95 percent in the past 2 years.
The source has also completed stack testing to change the compliance
range to comply with the compliance monitoring requirements.
ag. Pursuant to 326 IAC 2-7-6 and the
following conditions of SPM No. T027-24979-00046 and SPM No.
T027-27810-00046, the Permittee shall perform instrument calibration at least
once every six (6) months.
Respondent
failed to perform calibration of instruments every six months from February
2009 through February 2010, in violation of 326 IAC 2-7-6 and the following
conditions of SPM No. T027-24979-00046 and SPM No. T027-27810-00046.
|
Permit Condition Violated |
Unit |
Instrument(s) |
|
D.2.5(e) |
caustic
wet scrubber FPC06 |
for
pressure drop and discharge pressure |
|
D.3.7(f) |
scrubber
FPC07 |
pressure
drop |
|
D.3.7(f) |
FPC27 |
pressure
drop, pH |
|
D.4.10(a)(1),
(b)( 3) (a)(2) |
condensers
APC40 and FPC17 |
outlet
exhaust temperature |
|
D.4.12(c) |
scrubber
FPC12 |
pH of
scrubbing liquid, exhaust air stream Pressure drop and pump discharge
pressure |
|
D.4.13(c) |
baghouses
FPC10, 14, 18, 19, 20 |
pressure
drop |
|
D.6.8(f) |
baghouse
FPC33 used in conjunction with feed loadout vacuum system |
pressure
drop |
|
D.7.6(f) |
scrubber
APC35 |
exhaust
air stream pressure drop and scrubbant flow rate |
|
D.9.7(d)
and D.9.8(c) |
scrubber
MPC39 |
exhaust
air stream pressure drop and scrubbant flow rate |
|
D.9.7(d)
and D.9.8(c) |
Baghouse
MPC42 and dust collectors MPC41 and MPC43 |
pressure
drop of |
|
D.10.11(e) |
scrubber
UPC55 |
flow rate
and pH |
Respondent
submitted all above calibration records on June 16, 2011.
Violations
described in the Notice of Violation issued September 12, 2011:
ah. Pursuant to
326 IAC 2-2 and Condition D.8.2 of Significant Permit Modification (SPM) No.
T027-27810-00046, the nitrogen oxides (“NOx”) emissions from the Starch Dryer
(SP49) shall be limited to 0.075 pounds/million British thermal units (lbs/MMbtu).
Respondent
conducted compliance testing on July 6, 2010 on the Starch Dryer (SP49) which demonstrated NOx emissions of
0.088 lb/MMBtu, in violation of 326 IAC 2-2 and Condition D.8.2 of SPM No. T027-27810-00046.
Respondent
conducted compliance retesting on April 13, 2011 on the Starch Dryer (SP49) which demonstrated NOx emissions of
0.113 lb/MMBtu, in violation of 326 IAC 2-2 and Condition D.8.2 of SPM No. T027-27810-00046.
Respondent
retested the Starch Dryer (SP49)
on
September 20, 2011 which demonstrated compliance with the NOx
limit.
ai. Pursuant to 326 IAC 2-2 and Condition D.8.4
(b) of SPM No. T027-27810-00046, the sulfur oxides (“SO2”) emissions from the
Starch Dryer (SP49) shall be limited to 0.6 pounds/million cubic feet
(lbs/MMCF) and 0.02 pounds/hour (lb/hr).
Respondent
conducted compliance testing on July 6, 2010 on the Starch Dryer (SP49) which demonstrated SO2 emissions of
1.4 lb/MMCF and 0.03 lb/hr, in violation of 326 IAC 2-2 and Condition D.8.4 (b)
SPM No. T027-27810-00046.
Respondent retested Starch Dryer (SP49) using biogas on September 26, 2012 which
demonstrated compliance with the SOx limit.
Respondent
submitted additional information for the Starch Dryer (SP49) using
biogas/natural gas per IDEM’s request on December 20, 2012 to accompany the permit
renewal application.
aj. Pursuant to
326 IAC 2-2 and Condition D.8.3(c) of SPM No. T027-27810-00046, the volatile
organic compounds (VOC) emissions from the Starch Dryer (SP49) shall be limited to 1.0 lbs/hr.
Respondent
conducted compliance testing on July 6, 2010 on the Starch Dryer (SP49) which demonstrated VOC emissions of
7.3 lbs/hr, in violation of 326 IAC 2-2 and Condition D.8.3(c) of SPM No. T027-27810-00046.
Respondent submitted a permit modification application to increase the VOC
emissions limit. Application received on
January 14, 2013
ak. Pursuant to
326 IAC 2-2 and Condition D.4.3 of SPM No. T027-27810-00046, the NOx emissions
from the Gluten Dryer (FPC13)
shall
be limited to 0.06 lbs/MMBtu.
Respondent
conducted compliance testing on July 15, 2010 on the Gluten Dryer (FPC13) which demonstrated NOx emissions of
0.07 lbs/hr, in violation of 326 IAC 2-2 and Condition D.4.3 of SPM No. T027-27810-00046.
Respondent
conducted compliance retesting on January 26, 2011 on the Gluten Dryer (FPC13) which demonstrated NOx emissions of
0.09 lbs/hr, in violation of 326 IAC 2-2 ad Condition D.4.3 of SPM No. T027-27810-00046.
Respondent
retested the Gluten Dryer (FPC13) on October 24, 2011 which demonstrated
compliance with the NOx limit.
al. Pursuant to 326 IAC 2-2, 326 IAC 8-1-6,
and Condition D.4.2 (a) (1) of SPM No. T027-27810-00046, the VOC emissions from
the Regenerative Thermal Oxidizer (FPC34B) shall be limited to 10 ppm.
Respondent conducted compliance testing on July 23, 2010 on the Regenerative
Thermal Oxidizer (FPC34B) while burning biogas which demonstrated VOC emissions
of 13 ppm, in violation of 326 IAC 2-2, 326 IAC 8-1-6, and Condition
D.4.2(a)(1) of SPM No. T027-27810-00046.
Respondent
retested the Thermal Oxidizer (FPC34B) while burning biogas on January 20, 2012
which demonstrated compliance with the VOC limit.
am. Pursuant to 326 IAC 2-2, 326 IAC 8-1-6, and
Condition D.4.2 (a) (3) of SPM No. T027-27810-00046, the VOC emissions from the
Regenerative Thermal Oxidizer (FPC34A) shall be limited to 3.02 lb/hr.
Respondent conducted compliance testing on July 19-20 and July 21, 2010,
respectively on the Regenerative Thermal Oxidizer (FPC34A) while burning
natural gas and biogas which demonstrated VOC emissions of 3.73 lbs/hr. and
3.99 lb/hr. respectively, in violation of 326 IAC 2-2, 326 IAC 8-1-6, and
Condition D.4.2(a)(3) of SPM No. T027-27810-00046.
Respondent retested the Thermal Oxidizer (FPC34A) while burning biogas on
January 20, 2012 which demonstrated compliance with the VOC limit.
an. Pursuant to 326 IAC 2-2, 326 IAC 8-1-6,
and Condition D.4.2 (a) (3) of SPM No. T027-27810-00046, the VOC emissions from
the Regenerative Thermal Oxidizer (FPC34B) shall be limited to 3.02 lb/hr.
Respondent conducted compliance testing on July 22 and July 23, 2010, on the
Regenerative Thermal Oxidizer (FPC34B) while burning natural gas and biogas
which demonstrated VOC emissions of 3.93 lbs/hr. and 5.88 lb/hr. respectively,
in violation of 326 IAC 2-2, 326 IAC 8-1-6, and Condition D.4.2(a)(3) of SPM
No. T027-27810-00046.
Respondent
retested the Thermal Oxidizer (FPC34B) while burning biogas, on January 20,
2012, which demonstrated compliance with the VOC limit.
ao. Pursuant to Condition D.4.5
(a) (1) of SPM No. T027-27810-00046, in order to render the requirements
of 326 IAC 2-2 not applicable, the NOx emissions from the Regenerative Thermal
Oxidizer (FPC34A) shall be limited to 460 lb/MMCF of natural gas used as fuel.
Respondent conducted compliance testing on July 19-20, 2010, on the
Regenerative Thermal Oxidizer (FPC34A) while burning natural gas which
demonstrated NOx emissions of 928 lbs/MMCF, in violation of 326 IAC 2-2 and
Condition D.4.5(a)(1) of SPM No. T027-27810-00046.
Respondent
retested the Thermal Oxidizer (FPC34A) while burning natural gas, on January 17,
2012, which demonstrated compliance with the NOx
limit.
ap. Pursuant to Condition D.4.5 (a) (1) of
SPM No. T027-27810-00046, in order to render the requirements of 326 IAC 2-2
not applicable, the NOx emissions from the Regenerative Thermal Oxidizer
(FPC34B) shall be limited to 460 lb/MMCF of natural gas used as fuel.
Respondent conducted compliance testing on July 22, 2010, on the Regenerative
Thermal Oxidizer (FPC34B) while burning natural gas which demonstrated NOx
emissions of 769 lb/MMCF, in violation of 326 IAC 2-2 and Condition D.4.5(a)(1)
of SPM No. T027-27810-00046.
Respondent
retested the Thermal Oxidizer (FPC34B) while burning natural gas, on January 17,
2012, which demonstrated compliance with the NOx
limit.
aq. Pursuant to Condition D.4.5 (a) (2) of
SPM No. T027-27810-00046, in order to render the requirements of 326 IAC 2-2
not applicable, the NOx emissions from the Regenerative Thermal Oxidizer
(FPC34A) shall be limited to 460 lb/MMCF of biogas used as fuel.
Respondent conducted compliance testing on July 21, 2010, on the Regenerative
Thermal Oxidizer (FPC34A) while burning biogas which demonstrated NOx emissions
of 636 lb/MMCF, in violation of 326 IAC 2-2 and Condition D.4.5 (a) (2) of SPM
No. T027-27810-00046.
Respondent
retested the Thermal Oxidizer (FPC34A) while burning biogas, on January 20,
2012, which demonstrated compliance with the NOx
limit.
ar. Pursuant to Condition D.4.5 (a) (2) of
SPM No. T027-27810-00046, in order to render the requirements of 326 IAC 2-2
not applicable, the NOx emissions from the Regenerative Thermal Oxidizer
(FPC34B) shall not exceed 460 lb/MMCF of biogas used as fuel.
Respondent conducted compliance testing on July 23, 2010, on the Regenerative
Thermal Oxidizer (FPC34B) while burning biogas which demonstrated NOx emissions
of 655 lb/MMCF, in violation of 326 IAC 2-2 and Condition D.4.5 (a) (2) of SPM
No. T027-27810-00046.
Respondent
retested the Thermal Oxidizer (FPC34B) while burning biogas, on January 20,
2012, which demonstrated compliance with the NOx
limit.
as. Pursuant to
326 IAC 2-2, 326 IAC 8-1-6, and Condition D.7.1 (a) of SPM No.
T027-27810-00046, the VOC emissions from the Alcohol Storage System (AP96)
shall be limited to 20 ppm and limited to 0.08 lbs/hr.
Respondent
conducted compliance testing on December 22, 2010 on the Alcohol Storage System
(AP96) which demonstrated VOC emissions of 605 ppm and 0.26 lbs/hr, in
violation of 326 IAC 2-2, 326 IAC 8-1-6, and Condition D.7.1 (a) of SPM No. T027-27810-00046.
Respondent submitted permit
modification application on March 11, 2013 requesting to reroute emissions from
the four alcohol tanks to the Alcohol Loadout Flare (APC97) in order to comply
stack testing on wet scrubber APC96 and Stack AP96 under the provisions of SPM
No
T027-29895-00046 D.7.5 (a).
at. Pursuant to
326 IAC 2-2, 326 IAC 8-1-6, and Condition D.7.1 (a) of SPM No.
T027-27810-00046, the VOC emissions from the Fermentation System (AP29) shall
be limited to 16.83 lb/hr.
Respondent conducted compliance retesting on December 15, 2010 on the
Fermentation System (AP29) which demonstrated VOC emissions of 25.45 lb/hr, in
violation of 326 IAC 2-2, 326 IAC 8-1-6, and Condition D.7.1 (a) of SPM No. T027-27810-00046.
Respondent submitted permit
modification application on March 11, 2013 requesting to install a Regenerative
Thermal Oxidizer (RTO) in order to meet the mass emission limits for VOC.
au. Pursuant to 326 IAC 2-2 and Condition
D.9.1 of SPM No. T027-27810-00046, the PM emissions from the Maltodextrin
Drying System (MP39) shall be limited to 9.58 lbs/hr.
Respondent
conducted compliance retesting on April 12, 2011 on the Maltodextrin Drying
System (MP39) which demonstrated PM emissions of 9.89 lbs/hr, in violation of
326 IAC 2-2 and Condition D.9.1 of SPM No. T027-27810-00046.
Respondent
retested the Maltodextrin Drying System (MP39) on October 22, 2011 which demonstrated
compliance with the PM limit.
av. Pursuant
to Condition C.18 of SPM No. T027-27810-00046, in order to demonstrate
compliance with actions related to noncompliance demonstrated by a stack test,
the Permittee shall perform stack retesting within one hundred twenty (120)
days of receipt of the original test results.
Respondent failed to perform stack
retesting as required and summarized below, in violation of Condition C.18 of SPM No. T027-27810-00046.
|
Stack |
Pollutant |
Report
received |
Required
retest |
Test
date |
|
MPC39 |
PM,
PM10 NOx |
March
23, 2010 |
July
21, 2010 |
PM: 4/12/11 |
|
|
|
|
|
NOx:
2/7/12 |
|
SPC49 |
SO2,
VOC and NOx |
August
23, 2010 |
December
21, 2010 |
SO2:
9/26/12 |
|
|
|
|
|
VOC:
not tested |
|
|
|
|
|
NOx:
4/13/11 |
|
FPC13 |
NOx |
August
30, 2010 |
December
28, 2010 |
1/2/11 |
|
FPC34a |
NOx |
September
8, 2010 |
January
6, 2011 |
1/17/12 |
|
FPC
34b |
NOx |
September
8, 2010 |
January
6, 2011 |
1/17/12 |
|
FPC34a NG |
VOC |
September
8, 2010 |
January
6, 2011 |
1/17/12 |
|
FPC
34b NG |
VOC |
September
8, 2010 |
January
6, 2011 |
1/17/12 |
|
FPC34a
biogas |
VOC |
September
8, 2010 |
January
6, 2011 |
1/20/12 |
|
FPC
34b biogas |
VOC |
September
8, 2010 |
January
6, 2011 |
1/20/12 |
|
APC96 |
VOC |
February
7, 2011 |
June
7, 2011 |
Not tested |
|
APC29 |
VOC |
February
8, 2011 |
June
8, 2011 |
Not tested |
aw. Pursuant
to 326 IAC 2-1-3, a source or facility which has allowable emissions of
twenty-five (25) tons or more per year of any regulated pollutant shall apply
for and obtain a construction permit prior to commencing construction.
Respondent
failed to obtain a permit prior to commencing construction of a 51,700 gallon
alcohol storage tank (Tank AP83), which was constructed without first applying
for and obtaining a construction permit, in violation of 326 IAC 2-1-3.
Respondent was issued significant
permit modification, 027-29895-00046, on December 13, 2012 which includes Tank
AP83.
ax. Pursuant
to 326 IAC 2-1-4, a source or facility which has allowable emissions of
twenty-five (25) tons or more per year of any regulated pollutant shall apply
for and obtain an operating permit prior to commencing operation.
Respondent
began operating a 51,700 gallon alcohol storage tank (Tank AP83) without first
applying for and obtaining an operating permit, in violation of 326 IAC 2-1-4.
Respondent was issued significant
permit modification, 027-29895-00046, on December 13, 2012 which includes Tank
AP83.
ay. Pursuant
to 326 IAC 2-2 and condition D.4.3 of SPM No. T027-27810-00046 NOx emissions
for the Gluten Dryers shall be controlled by a water quench system.
Respondent
failed to control NOx emissions from Gluten Dryer No. 1 using a water quench
system, in violation of 326 IAC 2-2 and Condition D.4.3 of SPM No. T027-27810-00046.
Respondent
completed and submitted a second BACT analysis for low NOx burners. Respondent
was issued significant permit modification, 027-29895-00046, on December 13,
2012 which changes the control device.
Violations
described in the Enforcement Action Letter issued April 11, 2013 (NOV waived):
az. Pursuant to 326
IAC 2-2 and Condition D.4.1 of SPM No. T027-29895-00046, the PM10 emissions
from the Regenerative Thermal Oxidizer (FPC34B) shall not exceed 0.01 gr/dscf
of biogas used as fuel.
Respondent conducted compliance retesting on January 18, 2012, on the
Regenerative Thermal Oxidizer (FPC34B) while burning biogas which demonstrated
PM10 emissions of 0.013 gr/dscf, in violation of 326 IAC 2-2 and Condition
D.4.1 of SPM No. T027-29895-00046.
Respondent retested the Thermal
Oxidizer (FPC34B) while burning biogas, on September 26, 2012, which compliance
could not be determined with the
PM10 limit.
Respondent retested the Thermal
Oxidizer (FPC34B) while burning biogas, on February 8, 2013, which demonstrated
compliance with the PM10 limit.
ba. Pursuant to 326
IAC 8-1-6, 326 IAC 2-2 and Condition D.4.2 of SPM No. T027-29895-00046, the VOC
emissions from the Regenerative Thermal Oxidizer (FPC34A) shall not exceed 3.02
lb/hr of biogas used as fuel.
Respondent conducted compliance retesting on January 18, 2012, on the
Regenerative Thermal Oxidizer (FPC34A) while burning biogas which demonstrated VOC
emissions of 3.07 lb/hr, in violation of 326 IAC 8-1-6, 326 IAC 2-2 and
Condition D.4.2 of SPM No. T027-29895-00046.
Respondent retested the Thermal Oxidizer
(FPC34A) while burning biogas, on May 9, 2012, which demonstrated compliance
with the VOC limit.
bb. Pursuant to 326 IAC 2-2 and Condition
D.4.1 of SPM No. T027-29895-00046, the PM10 emissions from the Regenerative
Thermal Oxidizer (FPC34A) shall not exceed 0.01gr/dscf of biogas used as fuel.
Respondent conducted compliance retesting on January 18, 2012, on the
Regenerative Thermal Oxidizer (FPC34A) while burning biogas which demonstrated
PM10 emissions of 0.017, in violation of 326 IAC 2-2 and Condition D.4.1 of SPM
No. T027-29895-00046.
Respondent retested the Thermal
Oxidizer (FPC34A) while burning biogas, on September 24, 2012, which compliance
could not be determined with the
PM10 limit.
Respondent retested the Thermal
Oxidizer (FPC34A) while burning biogas, on November 15, 2012, which
demonstrated compliance with the PM10 limit.
bc. Pursuant to 326 IAC 2-2 and Condition
D.9.1 of SPM No. T027-29895-00046, the PM emissions from the Maltodextrin
Central Vacuum System (MPC43) shall be limited to 0.02 lb/hr and 0.005 gr/dscf.
Respondent conducted compliance retesting on February 7, 2012 on the
Maltodextrin Central Vacuum System (MPC43) which demonstrated PM emissions of
0.032 lb/hr and 0.016 gr/dscf, in violation of 326 IAC 2-2 and Condition D.9.1
SPM No. T027-29895-00046.
Respondent
retested Maltodextrin Central Vacuum System (MPC43) on August 1, 2012, could
not be determined if the test demonstrated compliance with the PM limit.
Respondent retested Maltodextrin
Central Vacuum System (MPC43) on December 4, 2012, which demonstrated
compliance with the PM limit.
bd. Pursuant to 326 IAC 2-2 and Condition
D.9.1 of SPM No. T027-29895-00046, the PM emissions from the Maltodextrin
Central Vacuum System (MPC43) shall be limited to 0.02 lb/hr and 0.005 gr/dscf.
Respondent conducted compliance testing on September 22, 2012 on the
Maltodextrin Central Vacuum System (MPC43) which demonstrated PM emissions of
0.08 lb/hr and 0.055 gr/dscf, in violation of 326 IAC 2-2 and Condition D.9.1
SPM No. T027-29895-00046.
Respondent
retested Maltodextrin Central Vacuum System (MPC43) on December 4, 2012 which
demonstrated compliance with the PM limit.
be. Pursuant to 326 IAC 3-5-3 and Condition D.11.6
(b) of SPM No. T027-29895-00046, all continuous emission monitoring systems are
subject to monitor system certification requirements within 180 days after
emissions unit start-up.
Respondent
failed to complete monitoring system certification requirements on Units: NOx
unit Serial No. U1001533 and O2 unit Serial No. A1110704018, in violation of 326 IAC 3-5-3 and Condition D.11.6 (b)
of SPM No. T027-29895-00046.
bf. Pursuant to 326 IAC 2-7-6 and the
following conditions of SPM No. T027-29895-00046 and SPM No.
T027-27810-00046, the Permittee shall perform instrument calibration at least
once every six (6) months.
Respondent
failed to perform calibration of instruments every six months from March 2010
through September 2012, in violation of 326 IAC 2-7-6 and the following
conditions of SPM No. T027-29895-00046.
|
Permit Condition Violated |
Unit |
Instrument(s) |
|
(29895)
D.4.10(a) |
RTO 1 (FP34a) |
temperature |
|
(29895)
D.4.10(a) |
RTO 2
(FP34b) |
temperature |
|
(29895)
D.7.6(f) |
Wet
Scrubber APC29 |
flow |
|
(29895)
D.7.6(f) |
Wet
Scrubber AP96 |
flow |
|
(29895)
D.7.6(f) |
Wet
Scrubber APC32 |
flow |
|
(29895)
D.10.9(e) |
UPC55 |
H2S monitor |
Respondent
submitted calibration records for the equipment listed above in September 2012.
bg. Pursuant to326 IAC 2-7-6 and the
following conditions of SPM T027-27810-00046 and SPM T027-29895-00046, the
Permittee shall perform corrective actions in response to excursions or
exceedances.
Respondent
failed to consistently take corrective actions as required for monitoring
excursions between September 30, 2010 – March 31, 2013, in violation of 326 IAC
2-7-6 the following conditions of SPM T027-27810-00046 and SPM T027-29895-00046.
(these are a continuation of ae. above)
|
Permit No. |
Permit
Condition Violated |
Emission
Unit |
Monitoring
requirement |
|
27810,
29895 |
D.1.6 (c),
C17 |
baghouses
CPC01 and FPC05 |
pressure
drop |
|
27810,
29895 |
D.2.5(b), C17 |
scrubber
FPC06 |
pH |
|
27810,
29895 |
D.4.12
(c), C17 |
FPC34 |
Duct
pressure |
|
27810,
29895 |
D.1.13(b)(2),
C17 |
FPC13 |
pump
discharge pressure |
|
27810,
29895 |
D.7.6(d),
C17 |
APC96
and APC97 |
flow rate |
|
27810,
29895 |
D.9.7(b), C17 |
MPC
39 |
pressure
drop |
|
27810,
29895 |
D.10.10(e), C17 |
UPC52 |
Visible
Emissions |
Respondent
has implemented a constant review and audit system which has decreased the
deviations over 95 percent in the past 2 years. The source has also completed stack testing to
change the compliance range to comply with the
compliance monitoring requirements.
bh. Pursuant to 326 IAC 2-7-6 and the
following conditions of SPM T027-27810-00046 and SPM T027-29895-00046, the
Permittee shall perform the following compliance monitoring at least once per
day.
Respondent
failed to perform required daily monitoring consistently between September 30,
2010 – March 31, 2013, in violation of 326 IAC 2-7-6 and the following
conditions of SPM T027-27810-00046 and SPM T027-29895-00046. (these are a continuation of af. above)
|
Permit
No. |
Permit Condition Violated |
Emission
Unit |
Daily Monitoring requirement |
|
27810/ 29295 |
D.1.8(a)(b) |
baghouses
CPC01 and FPC05 |
VE,
pressure drop |
|
27810/ 29295 |
D.2.6(a) |
scrubber
FPC06 |
pH of the
scrubbing liquid, exhaust air stream pressure drop and pump discharge
pressure |
|
27810/ 29295 |
D.3.8(a)(b) |
scrubber
FPC07 and FPC27 |
pH of the
scrubbing liquid, exhaust air stream pressure drop, flow rate and VE |
|
27810/ 29295 |
D..4.11(b), D.4.13, D.4.14, D.4.17 |
APC40 FPC12, FPC10, 14, 18, 19,
20 |
pH of the
scrubbing liquid, exhaust air stream pressure drop and pump discharge
pressure, duct pressure |
|
27810/ 29295 |
D.6.10(a), (b) |
scrubbers FPC26, FPC28, FPC33 |
pH of the
scrubbing liquid, exhaust air stream pressure drop |
|
27810/ 29295 |
D.7.6(a), (b), (c), (d), (e)(1),
(f)(2) D.7.7(b), D.7.8, D.7.10 |
APC28, APC29, APC32, APC95, APC 96,
APC97, APC35 |
pressure
drop and scrubbant flow rate , temperature, flame |
|
27810/ 29295 |
D.8.12 (b), (c),(d) D.8.9 |
SPC49, SPC44a and b, SPC65, SP64,
SP50, |
pressure
drop, scrubbant flow rate , visible emission |
Respondent
has implemented a constant review and audit system which as decreased the
deviations over 95 percent in the past 2 years.
This system was reviewed during the September 20, 2012 inspection. The source has also completed stack testing
to change the compliance range to comply with the compliance monitoring
requirements.
bi. Pursuant to
326 IAC 8-1-6 and Condition D.4.1 of SPM No. T027-29895-00046, the VOC emissions
from the Alcohol Loadout Flare (APC97) shall not exceed 1.59 lb/hr of biogas
used as fuel.
Respondent conducted compliance testing on September 7, 2012, on the Alcohol
Loadout Flare (APC97) while burning biogas which demonstrated VOC emissions of
9.10 lb/hr, in violation of 326 IAC 8-1-6 and Condition D.4.1 of SPM No. T027-29895-00046.
Respondent retested the Alcohol
Loadout Flare (APC97) while burning biogas, on February 28, 2013, which
demonstrated compliance with the VOC limit.
7.
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 all statutes, rules, and permit conditions listed in the
findings here and/or above at issue.
3.
Within
60 days of the Effective Date of this Agreed Order, Respondent shall conduct
the applicable performance specification tests under the provisions of SPM No
T027-29895-00046 Condition D.11.6(b) and 326 IAC
3-5-3, in Findings of Fact be. above.
4.
Respondent
shall implement the Environmental Management System (“EMS”) as described in
Appendix A of this Agreed Order, and as follows:
a.
Respondent
shall submit quarterly updates to IDEM which describe the current development
and implementation status of each major aspect of the EMS. The updates shall be submitted to IDEM within
thirty (30) days of the end calendar quarter.
b.
Respondent
shall complete development of the EMS plan no later than one year from the effective
date of this order. A copy of the plan,
with any trade secrets redacted, shall be supplied to IDEM.
c.
Respondent
shall have a compliance audit performed by an independent third party no more
than eighteen (18) months from the Effective date of this order.
5.
All
submittals required by this Agreed Order, unless Respondent is notified
otherwise in writing by IDEM, shall be sent to:
|
Tammy
Haug, Compliance and Enforcement Manager |
|
Indiana
Department of Environmental Management |
|
Southwest
Regional Office |
|
P.
O. Box 128 |
|
Petersburg,
IN 47567-0128 |
6.
Respondent
is assessed a civil penalty of Eight Hundred Eighty-nine Thousand Seven Hundred
Eighty-six dollars ($889,786). Within
thirty (30) days of the Effective Date of the Agreed Order, Respondent shall
pay a portion of this penalty in the amount of Three Hundred Twenty-eight Thousand Sixty-three Dollars ($328,063). Said penalty amount shall be due and
payable to the Environmental Management Special Fund.
In
lieu of payment of the remaining civil penalty, Respondent shall perform and
complete a Supplemental Environmental Project (“SEP”) Respondent estimates that
this SEP will cost Five Hundred Sixty-one Thousand Seven Hundred Twenty-three
Dollars ($561,723). Within 15 days of completing all activities
described in Section 8 –Project Schedule of the SEP proposal contained in
Attachment A, Respondent shall submit written notice and documentation to IDEM
which substantiates all actions taken and costs incurred with respect to the
SEP. In the event that the cost of the
SEP is less than Five Hundred Sixty-one
Thousand Seven Hundred Twenty-three Dollars ($561,723), Respondent
shall pay 100% of the difference
between the estimated SEP cost of $561,723
and the actual cost of the SEP.
As
a Supplemental Environmental Project, Respondent shall install a Regenerative
Thermal Oxidizer (RTO) capable of achieving a minimum of 98% control efficiency
for VOC’s generated from the prefermenters and fermenters at Respondent’s Washington
Indiana Plant. The existing control
technology for the perfermenters is a wet scrubber (APC28) capable of 95% control
efficiency. Incorporating this process
stream into the RTO will improve the control efficiency to 98%. Respondent shall purchase and manage the
installation of all equipment necessary to complete this project. Respondent shall complete design, order
RTO, set RTO, conduct Functional Testing, complete process tie-ins, start up
and stack test the RTO by no later than 14 months after the permit modification
for this unit has been issued.
Implementation of this SEP will result in reducing the perfermenters and
fermenters annual VOC emissions by 19.837 tons/year.
In
the event that the Respondent does not complete the SEP within fourteen (14)
months, after the permit modification for RTO has been issued, the full amount
of the civil penalty as stated in paragraph 2 above, plus interest established
by IC 24-4.6-101 on the remaining amount, less the portion of the civil penalty
Respondent has already paid, will be due within fifteen (15) days from
Respondent's receipt of IDEM’s notice to pay. Interest, at the rate
established by IC 24-4.6-1-101, shall be calculated on the amount due from
the date which is thirty (30) days after the Effective Date of this Agreed
Order until the full civil penalty is paid.
7.
In
the event the terms and conditions of the following paragraphs are violated,
Complainant may assess and Respondent shall pay a stipulated penalty in the
following amount:
|
Paragraph |
Violation |
Stipulated Penalty |
|
|
|
|
|
4(a). 4(b). 4(c). |
Failure to submit quarterly updates Failure to complete EMS plan within one
year of the effective date. Failure to conduct third party
compliance audit. |
$250 per week late, or part thereof. $250 per week late, or part thereof. $500 per week late, or part thereof. |
8.
Stipulated
penalties shall be due and payable no later than the 30th day after
Respondent receives written notice that Complainant has determined a stipulated
penalty is due; the 30th day being the “Due Date”. Complainant may notify Respondent at any time
that a stipulated penalty is due.
Failure to notify Respondent in writing in a timely manner of a
stipulated penalty assessment shall not waive Complainant’s right to collect
such stipulated penalty or preclude Complainant from seeking additional relief
against Respondent for violation of this Agreed Order. Neither assessment nor payment of stipulated
penalties shall preclude Complainant from seeking additional relief against
Respondent for a violation of this Agreed Order; such additional relief
includes any remedies or sanctions available pursuant to Indiana law,
including, but not limited to, civil penalties pursuant to IC 13-30-4.
9.
Civil
and stipulated 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 |
10.
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.
11.
In
the event that the monies due to IDEM pursuant to this Agreed Order are not
paid on or before their Due Date, Respondent shall pay interest on the unpaid
balance at the rate established by IC 24-4.6-1.
The interest shall be computed as having accrued from the Due Date until
the date that Respondent pays any unpaid balance. Such interest shall be payable to the
Environmental Management Special Fund and shall be payable to IDEM in the
manner specified in Paragraph 14, above.
12.
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.
13.
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.
14.
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 their
obligation to comply with the requirements of their applicable permit or any
applicable Federal or State law or regulation.
15.
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.
16.
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.
17.
Nothing
in this Agreed Order shall prevent IDEM or anyone acting on its behalf 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.
18.
This
Agreed Order shall remain in effect until IDEM issues a Resolution of Case
letter to Respondent.
|
TECHNICAL
RECOMMENDATION: |
|
RESPONDENT: |
|||||
|
Department
of Environmental Management |
|
Grain
Processing Corporation, Inc. |
|||||
|
|
|
|
|||||
|
By: |
|
|
By: |
|
|||
|
|
Craig
Henry, Chief |
|
Printed: |
|
|||
|
|
Compliance
and Enforcement Section IV |
|
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 |
|
,
2013. |
|||
|
|
|||||||
|
|
For
the Commissioner |
||||||
|
|
|
||||||
|
|
Signed
on May 29, 2013 |
||||||
|
|
Keith
Baugues, Assistant Commissioner |
||||||
|
|
Office
of Air Quality |
||||||
|
|
Indiana
Department of Environmental Management |
||||||