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STATE
OF INDIANA |
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BEFORE THE INDIANA DEPARTMENT |
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COMMISSIONER OF THE DEPARTMENT Complainant, v. ABENGOA BIOENERGY OF INDIANA, LLC, Respondent. |
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AGREED ORDER
Complainant
and Respondents 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 Abengoa Bioenergy of
Indiana, LLC (“Respondent”), which owns and operates the source with Plant ID
No. 129-00050, located at 8999 West Franklin Road, in Mt. Vernon, Posey 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”) via Certified Mail to:
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Darrell
Sanford, Plant Manager |
CT
Corporation System, Registered Agent |
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Abengoa Bioenergy of Indiana, LLC |
251
East Ohio Street |
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8999
West Franklin Road |
Suite
1100 |
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Mt.
Vernon, IN 47620 |
Indianapolis,
IN 46204 |
5.
During
a report review conducted by a representative of IDEM, the following violations
were found:
a.
Pursuant
to Permit T129-31150-00050, Administrative Amendment 129-32574- 00050 Conditions
D.5.1(d), D.5.2(d), and D.5.4, and Commissioner’s
Order #2009- OAQ-01, the carbon adsorption/absorption vapor recovery system (C-2101)
shall be used to control emissions from ethanol loading to trucks and railcars from
the loading rack (L2101D).
Respondent loaded ethanol at loading rack (L-2101D) with the carbon
adsorption/absorption vapor recovery system (C-2101) not controlling emissions,
in violation of Permit T129-31150-00050, Administrative Amendment 129-32574-00050
Conditions D.5.1(d), D.5.2(d), and D.5.4, and Commissioner’s Order
#2009-OAQ-01.
b.
Pursuant
to Permit T129-31150-00050, Administrative Amendment 129-32574-00050 Conditions
D.5.2(f) and D.5.6, and Commissioner’s Order
#2009-OAQ-01, the carbon adsorption/absorption vapor recovery system (C-2101)
carbon bed regeneration pressure shall be monitored at least once per day when
the loading rack (L-2101D) is in operation.
Respondent intermittently failed to monitor the carbon adsorption/absorption
vapor recovery system (C-2101) carbon bed regeneration pressure when the
ethanol truck and railcar loading rack (L-2101D) was in operation, in violation
of Permit T129-31150-00050, Administrative Amendment 129-32574-00050 Conditions
D.5.2(f) and D.5.6, and Commissioner’s Order #2009-OAQ-01.
c.
Pursuant
to Permit T129-31150-00050, Administrative Amendment 129-32574-00050 Conditions
D.5.2(f), D.5.2(h), and D.5.8(b) and Commissioner’s Order #2009-OAQ-01, daily
records of the carbon adsorption/absorption vapor recovery system (C-2101)
carbon bed regeneration pressure, noted when the ethanol truck and railcar
loading rack (L-2101D) is in operation, shall be maintained.
Respondent intermittently failed to record the carbon adsorption/absorption
vapor recovery system (C-2101) carbon bed regeneration pressure when the
ethanol truck and railcar loading rack (L-2101D) was in operation, in violation
of Permit T129-31150-00050, Administrative Amendment 129-32574-00050 Conditions
D.5.2(f), D.5.2(h), and D.5.8(b) and Commissioner’s Order #2009-OAQ-01.
6.
Respondent
voluntarily disclosed in a meeting held with representatives of IDEM on October
1, 2013 that additional violations had occurred as noted in Paragraph 5(a),
(b), and (c) above, at such time that Respondent was operating under Permit
F129-23484-00050.
7.
Regarding
the violations described in Findings of Fact, paragraph 6 above, 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.
8.
Respondent
failed to renew its request for variance subsequent to the expiration of Commissioner’s
Order #2009-OAQ-01.
9.
Respondent
has repaired the vapor recovery system vacuum pump. They have retrained all
operators and other key plant personnel regarding proper monitoring and record keeping
of carbon adsorption/absorption vapor recovery system parameters. Respondent has
installed an interlock system to prevent ethanol loading if the vapor recovery
system is non-functional.
10.
Respondent
submitted a variance request substantially similar in all material respects to
the variance referenced in 5(d) to IDEM, Office of Legal Counsel via hand
delivery on October 1, 2013. As
necessary, Respondent will submit a timely application for any subsequent
variance renewals.
11.
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 Permit T129-31150-00050, Administrative Amendment
129-32574-00050 Conditions D.5.1(d) and D.5.2(d), D.5.2(f), D.5.2(h), D.5.6,
and D.5.8(b), including Commissioner’s Order #2009-OAQ-01.
3.
All
submittals required by this Agreed Order, unless Respondent is notified
otherwise in writing by IDEM, shall be sent to:
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Marty
Yeates, Compliance and Enforcement Manager |
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Compliance
and Enforcement Branch – Mail Code 61-53 |
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Indiana
Department of Environmental Management |
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100
North Senate Avenue |
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Indianapolis,
IN 46204-2251 |
4.
Respondent
is assessed and agrees to pay a civil penalty of Eleven Thousand Two Hundred Fifty
Dollars ($11,250.00). 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:
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Indiana
Department of Environmental Management |
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Cashier
– Mail Code 50-10C |
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100
North Senate Avenue |
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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 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 8, above.
8.
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.
9.
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.
10.
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.
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 or any other relief, whether injunctive, by affirmative acts, or
otherwise for the same violations specified in the NOV and 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 IDEM issues a Resolution of Case
letter to Respondent. IDEM agrees to
issue such a Resolution of Case letter upon receipt in full of the agreed civil
penalty described above.
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TECHNICAL
RECOMMENDATION: |
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RESPONDENT: |
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Department
of Environmental Management |
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Abengoa
Bioenergy of Indiana, LLC |
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By: |
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By: |
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Craig
L., Chief |
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Printed: |
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Compliance
and Enforcement Section 3 |
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Title: |
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Office
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COUNSEL
FOR IDEM: |
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COUNSEL
FOR RESPONDENT: |
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APPROVED
AND ADOPTED BY THE INDIANA DEPARTMENT OF ENVIRONMENTAL |
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MANAGEMENT THIS |
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DAY OF |
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,
2013. |
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For
the Commissioner |
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Signed
on December 9, 2013 |
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Keith
Baugues, Assistant Commissioner |
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Office
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Indiana
Department of Environmental Management |
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