STATE OF INDIANA

COUNTY OF MARION

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SS:

BEFORE THE INDIANA DEPARTMENT
OF ENVIRONMENTAL MANAGEMENT

 

COMMISSIONER OF THE DEPARTMENT
OF ENVIRONMENTAL MANAGEMENT,

Complainant,

v.

LOUIS DREYFUS AGRICULTURAL INDUSTRIES LLC,

Respondent.

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Case No. 2012-21267-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 Louis Dreyfus Agricultural Industries LLC (“Respondent”), which owns and operates a soybean oil production facility and bio-diesel production facility with Title V Permit No. 085-21297-00102, located at 7344 State Rd. 15 South, in Claypool, Kosciusko County,  Indiana (“Site”).

 

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

 

4.            Respondent waives issuance of Notice of Violation and the settlement period of sixty (60) days provided for by IC13-30-3-3.

 

5.            During permit and records review conducted by representatives of IDEM, the following violations were found:

 

a.            Pursuant to Part 70 Permit No. 085-29197-00102, Condition D.2.5, Respondent was required to conduct PM10 and PM 2.5 testing on baghouses AF-8 and AF-9 no later than 180 days after the issuance date of Significant Source Modification No. 085-29971-00102 and Part 70 Operating Permit Renewal No. T085-29197-00102.

 

Respondent failed to conduct the stack test for baghouses AF-8 and AF-9 180 days after the issuance date of Significant Source Modification No. 085-29971-00102 and Part 70 Operating Permit Renewal No. T085-29197-00102 (May 21, 2012), in violation of Condition D.2.5 of Permit 085-29971-00102.

 

b.            Pursuant to 326 IAC 3-5-7, Condition D.5.10, and Condition C.18 (General Reporting Requirements) of Part 70 Permit, 085-29197-00102, Respondent is required to submit Quarterly CEMS Reports and Quarterly Deviation and Compliance Monitoring Reports.

 

Respondent submitted the 4th Quarter CEMS report due January 30, 2012 on July 9, 2012, 160 days late and submitted the Calibration Gas Audit (CGA) report due April 30, 2012 on July 11, 2012, 62 days late, in violation of 326 IAC 3-5-7, Condition D.5.10, and Condition C.18 (General Reporting Requirements) of Part 70 Permit 085-29197-00102.

 

d.            Pursuant to Permit No. 085-29197-00102, Condition E.7.2 National Emission Standard for Hazardous Air Pollutants for Miscellaneous Organic Chemical Manufacturing [40 CFR Part 63, Subpart FFFF] and 326 IAC 20-84 Respondent is required to submit semi-annual reports as required in 40 CFR 63, 63.2520(b).

 

Respondent failed to submit the semi-annual Subpart FFFF report due February 28, 2012. The semi-annual Subpart FFFF report was submitted on May 28, 2012, 89 days late, in violation of the requirements in 40 CFR 63, 63.2520(b) and Permit No. 085-29197-00102, Condition E.7.2.

 

e.            Pursuant to Agreed Order Case # 2009-18636-A, paragraph No. 4 of the order, Respondent is required to perform and complete a Supplemental Environmental Project (SEP).   Upon implementation of Phase 2 of the SEP, submit quarterly updates to IDEM regarding the status of the SEP development and implementation.

 

Respondent failed to submit the quarterly update for the Supplemental Environmental Project due May 11, 2012. The quarterly update was submitted on July 10, 2012, 60 days late in violation of paragraph No. 4 of Agreed Order Case # 2009-18636-A.

 

6.            In recognition of compliance efforts made by the Respondent the Respondent has submitted or completed the following:

 

a.            Respondent has conducted PM10 and PM 2.5 testing on baghouses AF-8 & AF-9 on November 27, 2012.

 

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 permit conditions in Part 70 Source Operating Permit No. 085-29197-00102, any modifications thereafter and rules and regulations, listed in the findings here and/or above at issue.

 

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

 

Richard Reynolds, 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 and agrees to pay a civil penalty of Seven Thousand Seven Hundred Fifty Dollars ($7,750).  Said penalty amount shall be due and payable to the Environmental Management Special Fund within thirty (30) days of the Effective Date; the 30th day being the “Due Date”.

 

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 signatory to this Agreed Order certifies that he or she is fully authorized to execute this Agreed Order and legally bind Respondent.  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.         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 5, above.

 

11.         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.

 

12.         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 this Agreed Order.

 

13.         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.

 

14.         This Agreed Order shall remain in effect until Respondent has complied with all terms and conditions of this Agreed Order and IDEM issues a Resolution of Case Letter to Respondent.

 

 

TECHNICAL RECOMMENDATION:

 

RESPONDENT:

Department of Environmental Management

 

Louis Dreyfus Agricultural Industries LLC

 

 

 

By:

 

 

By:

 

 

David Lawrence, Deputy Director

 

Printed:

 

 

Northern Regional Office

 

Title:

 

 

 

 

 

 

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 March 26, 2013

 

Keith Baugues, Assistant Commissioner

 

Office of Air Quality

 

Indiana Department of Environmental Management