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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. POET
BIOREFINING - PORTLAND, Respondent. |
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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 POET Biorefining-Portland (“Respondent”), which
operates the POET Biorefining ethanol plant with
Plant ID No. 075-00032, located at 1542 S 200 West in Portland, Jay County, Indiana (“Site”).
3.
IDEM
has jurisdiction over the parties and the subject matter of this action.
4.
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.
5.
During
an investigation conducted by a representative of IDEM, the following
violations were found:
a.
Pursuant
to 326 IAC 8-5-6 (c) and conditions D.2.5 and D.2.9 of permit 075-28068-00032 an owner or operator of a fuel grade ethanol
production plant that is a dry mill shall install and operate at least one of
the following control devices for VOC emissions from the plant: “…(2) A wet scrubber with an overall control
efficiency of not less than ninety-eight percent (98%) or resulting in a
volatile organic compound concentration of not more than twenty (20) parts per
million (ppm)”
and the VOC emissions from the fermentation and distillation processes
shall be controlled by a scrubber when venting to the emergency stack.
Condition D.2.9 specifically requires the scrubber to be in operation and
control distillation and fermentation at all times the fermentation and
distillation processes are in operation.
Respondent failed to operate a wet scrubber to control the VOC and HAP emissions
from the fermentation process on March 6, 2012 through March 8, 2012 for 18
hours during the servicing of the plant electrical system, in violation of 326
IAC 8-5-6 and conditions D.2.5 and D.2.9 of permit 075-28068-00032.
b.
Pursuant
to 326 IAC 8-5-6 (c) and conditions D.2.5 and D.2.9 of permit
075-28068-00032 an owner or operator of
a fuel grade ethanol production plant that is a dry mill shall install and
operate at least one of the following control devices for VOC emissions from
the plant: “…(2) A wet scrubber with an overall
control efficiency of not less than ninety-eight percent (98%) or resulting in
a volatile organic compound concentration of not more than twenty (20) parts
per million (ppm)”
and the VOC emissions from the fermentation and distillation processes
shall be controlled by a scrubber when venting to the emergency stack.
Condition D.2.9 specifically requires the scrubber to be in operation and
control distillation and fermentation at all times the fermentation and
distillation processes are in operation.
Respondent
failed to operate a wet scrubber to control the VOC and HAP emissions from the
fermentation process on May 15, 2012 for 4 hours during the servicing of the
plant electrical system, in violation of 326 IAC 8-5-6 and conditions D.2.5 and
D.2.9 of permit 075-28068-00032.
6.
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 the rules and permit conditions listed in the findings of
facts.
3.
By
July 1, 2014 the Respondent shall determine the feasibility of reconfiguring
the electrical systems that supply power to the scrubber. All necessary permit
evaluations shall be included as part of the feasibility. The Respondent shall
provide to IDEM a written notification of the feasibility status of the compliance
plan within thirty (30) days of the completion of the studies.
4.
By
December 31, 2014 the Respondent shall install additional components as
necessary to allow for a backup generator to be connected if feasible. Within
thirty (30) days of the installation date the Respondent shall provide IDEM
documentation of the completion of the project.
5.
If
feasibility is not shown, the Respondent shall provide to IDEM a written
notification of an alternative compliance plan within thirty (30) days of notifying
IDEM the status of the initial feasibility studies.
6.
All
submittals required by this Agreed Order, unless Respondent is notified
otherwise in writing by IDEM, shall be sent to:
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Nandi
Tissing, 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 |
7.
Respondent
is assessed and agrees to pay a civil penalty of Eighteen Thousand Dollars ($18,000). 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”.
8.
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:
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Paragraph |
Violation |
Stipulated
Penalty |
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3 |
Failure to
submit compliance plan feasibility status within specified timeframe |
$500 per week |
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4 |
Failure to
submit documentation of completion of project if plan is feasible within
specified timeframe |
$500 per week |
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5 |
Failure to
submit alternative compliance plan if initial plan is not feasible within
specified timeframe |
$500 per week |
9.
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.
10.
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:
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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 |
11.
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 their status or responsibilities under this
Agreed Order.
12.
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 10 above.
13.
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.
14.
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.
15.
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.
16.
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.
17.
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.
18.
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.
19.
This
Agreed Order shall remain in effect until the Respondent has complied with all
terms and conditions of this Agreed Order and IDEM issues a Resolution of Case
letter to the Respondent.
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TECHNICAL
RECOMMENDATION: |
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RESPONDENT: |
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Department
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POET Biorefining-Portland |
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By: |
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By: |
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Lynne
J. Sullivan, Chief |
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Printed: |
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Compliance
and Enforcement Section 2 |
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Title: |
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Office
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COUNSEL
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Date: |
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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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2014. |
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For
the Commissioner |
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Signed
on February 26, 2014 |
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Keith
Baugues, Assistant Commissioner |
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Office
of Air Quality |
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Indiana
Department of Environmental Management |
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