STATE OF
INDIANA |
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BEFORE THE
INDIANA DEPARTMENT |
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COMMISSIONER
OF THE DEPARTMENT Complainant, v. TATE &
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 & Lyle Ingredients
Americas LLC (“Respondent”), which owns and operates the source with Plant ID
No. 157-00003, located at 2245 N Sagamore Parkway 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”) via Certified Mail to:
Peter
M. Castelli, President |
CT
Corporation System, Registered Agent |
Tate
& Lyle Ingredients Americas LLC |
Tate
& Lyle Ingredients Americas LLC |
5450
Prairie Stone Parkway |
150
W Market Street, Suite 800 |
Hoffman
Estates, IL 60192 |
Indianapolis,
IN 46204 |
5.
Respondent owns and operates a stationary wet
corn milling plant.
6.
During an inspection on September 29, 2017, conducted by a representative of IDEM,
the following violations were found:
a. Pursuant to Part 70 Permit No.
157-37469-00003 (“Permit”) Condition D.8.8(b), Respondent is responsible for
taking and recording visible emissions notations of the stack exhausts for
stacks 102, 189, 254, 332, 333, 334, 355, 361, 380, and 404 once per day during
normal daylight operations.
Respondent failed to take and record visible emissions notations on stack 380
for eighty-nine (89) days during 4th Quarter 2015 and 1st
Quarter 2016, in violation of Permit Condition D.8.8(b).
b. Pursuant to Permit Condition D.4.6(b), Respondent is responsible for taking and recording
visible emissions notations of the exhausts for stacks 129 and 462 once per day
during normal daylight operations.
Respondent failed to take and record visible emissions notations on stack 129
for two (2) days, in violation Permit Condition D.4.6(b).
c.
Pursuant to Permit Condition D.7.9(b),
Respondent is responsible for taking and recording visible emissions notations of
the stack exhausts for stacks 71, 72, 76, 77, 78, 87, 88, 89, 90, 103, 105,
106, 107, 108, 109, 146, 147, 226, 248, 255, 266, 267, 268, 269, 274, 345, 346,
355, 361, 366, 385, 386, 387, 388, 389, 401, 402, and 432 once per day during
normal daylight operations.
Respondent failed to take and record visible emissions notations on stacks 401
and 402 for six hundred sixty-seven (667) days, in violation of Permit
Condition D.7.9(b).
d.
Pursuant to Permit Condition C.10, Respondent
is responsible for monitoring all new emission units, beginning on the date of
initial start-up and continuing indefinitely.
Respondent did not have the accurate stack exhaust listed in the permit for
stacks 79, 85, 100, 135, 183, 190, 191, 241, 242, 256, 264, 330, 331, 332, 333,
349, and 350, affecting visible emissions monitoring, in violation of Permit
Condition C.10.
e.
Pursuant to Permit Condition D.10.1(a),
the alkaline scrubber identified as 34V11 shall have a minimum H2S
control efficiency of 90% when the inlet H2S concentration to the
scrubber is more than 1.1% by volume.
Respondent’s H2S control efficiency for scrubber 34V11 fell below
90% on June 2, 2016 and July 2, 2016, in violation of Permit Condition D.10.1(a).
f.
Pursuant to Permit Condition D.10.2(b),
the main flare identified as 21Z1 shall be in operation and control emissions
from scrubber 34V11 at all times when biogas is routed to scrubber 34V11.
Respondent routed biogas from scrubber 34V11 to flare 21Z1 while the flare was
unlit, in violation of Permit Condition D.10.2(b).
7.
Respondent submitted a Title V permit renewal
application on September 30, 2016 that includes the correct stacks and stack
configuration.
8.
Respondent has implemented an interlock on
flare 21Z1. Staff are now required to
perform a visual check on the equipment to ensure biogas is not routed to an
unlit flare.
9.
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 conditions
listed above at issue.
3.
All submittals required by this Agreed Order,
unless Respondent is notified otherwise in writing by IDEM, shall be sent to:
Clare
Parker, 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 Twenty-Four Thousand Eight Hundred Seventy-Five Dollars ($24,875.00). 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:
IDEM
Office of Legal Counsel |
IGCN,
Rm N1307 |
100
N Senate Ave |
Indianapolis,
IN 46204 |
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 5, 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 for the same
violations specified in the NOV.
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 has issued 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 & Lyle Ingredients Americas LLC |
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By: |
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David
P. McIver, Chief |
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Printed: |
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Enforcement
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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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2018. |
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For
the Commissioner |
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Signed
on August 1, 2018 |
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Matthew
Stuckey, Deputy Assistant Commissioner |
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Office
of Air Quality |
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Indiana
Department of Environmental Management |
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