STATE OF
INDIANA |
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BEFORE THE INDIANA DEPARTMENT |
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COMMISSIONER OF THE DEPARTMENT Complainant, v. TATE AND LYLE INGREDIENTS AMERICAS LLC, 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 Tate and Lyle Ingredients
Americas LLC (“Respondent”), which owns/operates Plant ID No. 157-00033,
located at 3300 US 52 South in Lafayette, Tippecanoe County, Indiana (“Site”).
3.
IDEM has jurisdiction over the parties and
the subject matter of this action.
4.
Pursuant to IC 13-30-3-3, IDEM issued a
Notice of Violation (“NOV”) on June 7, 2016 via Certified Mail/personal service
to the following.
Peter M. Castelli,
President |
CT Corporation System, Registered
Agent |
Tate and Lyle Ingredients Americas
LLC |
150 West Market Street Suite 800 |
5450 Prairie Stone Parkway |
Indianapolis, IN 46204 |
Hoffman Estates, IL 60192 |
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5.
During an investigation on September 23 and
29 of 2015 conducted by a representative of IDEM and review of results from
stack testing conducted on December 16 and 17 of 2014, the following violations
were found:
a)
Pursuant to Permit No. 157-27033-00033
(“Permit”) Condition D.2.1(b)(1) and 326 IAC 2-2-5, SO2 emission
rate from the Millhouse aspiration process controlled by scrubber LA-70 shall
not exceed 14.18 pounds per hour.
During stack testing conducted on
December 17, 2014, SO2 emission rate from the Millhouse aspiration
process controlled by scrubber LA-70 measured 22.94 pounds per hour, in
violation of Permit Condition D.2.1(b)(1) and 326 IAC
2-2-5.
b)
Pursuant to Permit Condition D.2.1(b)(2) and
326 IAC 2-2, SO2 emissions from the Millhouse and Feedhouse aspiration processes controlled by scrubbers
LA-70 and LA-71, respectively, shall not exceed 12.85 pounds per hour.
During stack testing conducted on
December 16 and 17, 2014, SO2 emissions from the Millhouse and Feedhouse aspiration processes controlled by scrubbers
LA-70 and LA-71, respectively, measured 24.25 pounds per hour, in violation of
Permit Condition D.2.1(b)(2) and 326 IAC 2-2.
c)
Pursuant to Permit Condition D.2.1(b)(2) and
326 IAC 2-2, SO2 emissions from the Millhouse and Feedhouse aspiration processes controlled by scrubbers
LA-70 and LA-71, respectively, shall not exceed 17 parts per million (ppm).
During stack testing conducted on
December 17, 2014, SO2 emissions from the Millhouse and Feedhouse aspiration processes controlled by scrubbers
LA-70 and LA-71, respectively, measured 84 ppm, in violation of Permit
Condition D.2.1(b)(2) and 326 IAC 2-2.
d)
Pursuant to Permit Condition D.6.5, Permittee
shall limit the hours of operation on the Coal Storage Silos Bottom Aspiration
System (LA-36) to 2,381 hours per 12 consecutive month period.
The 12 month rolling total hours of
operation for the Coal Storage Silos Bottom Aspiration System (LA-36) was above
the permitted maximum from April through October of 2015, in violation of
permit condition D.6.5.
e)
Pursuant to Permit Condition D.6.5, Permittee
shall limit the hours of operation on the Coal Ash Transfer System (LA-42A) to
4,242 hours per 12 consecutive month period.
The 12 month rolling total hours of
operation for the Coal Ash Transfer System (LA-42A) was above the permitted
maximum from March 2015 through March of 2016, in violation of permit condition
D.6.5.
6.
Stack testing was conducted on April 7, 2015
for the Millhouse and Feedhouse aspiration processes,
which utilize scrubbers LAC-70 and LAC-71 respectively for emissions control,
and emissions were measure in compliance with the SO2 limits
specified in Permit Condition D.2.1(b).
7.
Respondent submitted an application to modify
their permit on October 2, 2015, which resulted in significant permit
modification No. 36348 issued on April 14, 2016 and
included a change to permit condition D.6.5 raising the operation limit to
8,760 hours in rolling 12 month period for units LA-36, LA-42A, and LA-42B in
the coal storage and handling system.
8.
In recognition of the settlement reached,
Respondent waives any right to administrative and judicial review of this
Agreed Order.
II. ORDER
1.
This Agreed Order shall be effective
(“Effective Date”) when it is approved by Complainant or Complainant’s
delegate, and has been received by Respondents.
This Agreed Order shall have no force or effect until the Effective
Date.
2.
Respondent shall comply with requirements listed
in the findings above at issue.
3.
Within 30 days of the Effective Date,
Respondent shall submit an application to modify the permitted minimum
recirculation rate for scrubber LAC-70 (Millhouse aspiration) in order to
ensure compliance with emission limits.
4.
Respondent shall operate above the average
recirculation flow rate of 789 gpm for scrubber
LAC-70, established during the most recent stack testing on April 7, 2015 in
which compliance with SO2 emission limits were determined, until
such time that a permitting decision is made on the application to change the
minimum scrubber recirculation rate for scrubber LAC-70 (Millhouse aspiration).
5.
All submittals required by this Agreed Order,
unless Respondent is notified otherwise in writing by IDEM, shall be sent to:
Rebecca
Hayes, 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 |
6.
Respondent is assessed and agrees to pay a
civil penalty of Nine Thousand Dollars ($9,000). 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”.
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 |
3 |
Failure
to submit permit application |
$250
per week |
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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:
IDEM
Office of Legal Counsel |
IGCN,
Rm N1307 |
100
N Senate Ave |
Indianapolis,
IN 46204 |
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 their 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 9 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: |
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RESPONDENT: |
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Department
of Environmental Management |
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Tate and Lyle Ingredients Americas LLC |
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By: |
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Janusz Johnson, Chief |
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Printed: |
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Compliance
and Enforcement Section 1 |
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Title: |
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Office
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COUNSEL
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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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2016. |
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For
the Commissioner |
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Signed
on August 30, 2016 |
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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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