STATE OF INDIANA

COUNTY OF MARION

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BEFORE THE INDIANA DEPARTMENT
OF ENVIRONMENTAL MANAGEMENT

 

COMMISSIONER OF THE DEPARTMENT
OF ENVIRONMENTAL MANAGEMENT,

Complainant,

v.

GRAIN PROCESSING CORPORATION,

Respondent.

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Case No. 2018-25104-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 Grain Processing Corporation (“Respondent”), which owns and operates the source with Plant ID No. 027-00046, located at 1443 South 300 West, in Washington, Daviess 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:

 

J. C. Thorpe, President

 

Corporation Service Company,

Grain Processing Corporation

 

Registered Agent

1600 Oregon St

 

135 North Pennsylvania St, Suite 1610

Muscatine, IA 52761-0000

 

Indianapolis, IN 46204

 

5.             Respondent owns and operates a stationary corn processing facility.

 

6.             During an investigation conducted by a representative of IDEM, the following violations were found:

 

a.       Pursuant to Part 70 Permit No. 027-36818-00046 (“Permit”), issued to Respondent on March 17, 2016, condition D.4.1, requires that PM10  emissions from RTO-1/FPC34a not exceed 0.01 gr/dscf and 11.38 lbs/hr while combusting Natural Gas.

Respondent conducted stack testing on June 16, 2017 for RTO-1/FPC34a where the PM10 emissions were 0.023 gr/dscf (condensable) and 0.026 gr/dscf (total) and 12.97 lbs/hr (condensable) and 14.11 lbs/hr (total) while combusting Natural Gas, in violation of Permit condition D.4.1.

b.       Pursuant to Permit condition D.4.1, requires that PM10 emissions from RTO-1/FPC34a not exceed 0.01 gr/dscf and 11.38 lbs/hr while combusting a Natural Gas/Biogas blend.

Respondent conducted stack testing on June 15, 2017 for RTO-1/FPC34a where the PM10 emissions measured at 0.025 gr/dscf (condensable) and 0.027 gr/dscf (total) and 14.36 lbs/hr (condensable) and 15.03 lbs/hr (total) while combusting a Natural Gas/Biogas blend, in violation of Permit condition D.4.1.

 

c.              Pursuant to Permit condition D.4.1, requires that PM10 emissions from RTO-2/FPC34b not exceed 0.01 gr/dscf while combusting Natural Gas.

Respondent conducted stack testing on June 13, 2017 for RTO-2/FPC34b where the PM10 emissions were measured at 0.015 gr/dscf (condensable) and 0.016 gr/dscf (total) while combusting Natural Gas, in violation of Permit condition D.4.1.

 

d.             Pursuant to Permit condition D.4.1, requires that PM10 emissions from RTO-2/FPC34b not exceed 0.01 gr/dscf while combusting a Natural Gas/Biogas blend.

Respondent conducted stack testing on June 14, 2017 for RTO-2/FPC34b where the PM10 emissions were measured at 0.018 gr/dscf (condensable) and 0.019 gr/dscf (total) while combusting a Natural Gas/Biogas blend, in violation of Permit condition D.4.1.

 

7.             Retesting for RTO-1/FPC34a while combusting Natural Gas was conducted on January 23 and 24, 2018 demonstrating that the PM10 emissions were 0.007 gr/dscf and 4.62 lbs/hr, which is below the permitted limit of 0.01 gr/dscf and 11.38 lbs/hr while combusting Natural Gas.

 

8.             Retesting for RTO-1/FPC34a while combusting a Natural Gas/Biogas blend was conducted on January 23, 2018 demonstrating that the PM10 emissions were 0.008 gr/dscf and 5.37 lbs/hr, which is below the permitted limit of 0.01 gr/dscf and 11.38 lbs/hr while combusting a Natural Gas/Biogas blend.

 

9.             Retesting for RTO-2/FPC34b while combusting Natural Gas was conducted on January 24, 2018 demonstrating that the PM10 emissions were 0.007 gr/dscf, which is below the permitted limit of 0.01 gr/dscf while combusting Natural Gas.

 

10.          Retesting for RTO-2/FPC34b while combusting a Natural Gas/Biogas blend was conducted on January 25, 2018 demonstrating that the PM10 emissions were 0.009 gr/dscf, which is below the permitted limit of 0.01 gr/dscf while combusting a Natural Gas/Biogas blend.

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 the rules, and permit conditions listed in the findings above at issue.

 

3.             Respondent shall, within twenty-eight (28) to thirty (30) months from the most recent valid compliant PM10 stack test for Thermal Oxidizer FPC34a and Thermal Oxidizer FPC34b, conduct PM10 stack testing of Thermal Oxidizer FPC34a and Thermal Oxider FPC34b to demonstrate compliance with Permit Condition D.4.1 in accordance with the requirements of Permit Condition D.4.11(a) except for testing frequency, while combusting both Natural Gas and a Natural Gas/Biogas blend.

 

4.             Respondent shall, within fifty-eight (58) to sixty (60) months from the most recent valid compliant PM10 stack test for Thermal Oxidizer FPC34a and Thermal Oxidizer FPC34b as of the Effective Date of this Order, conduct PM10 stack testing of Thermal Oxidizer FPC34a and Thermal Oxider FPC34b to demonstrate compliance with Permit Condition D.4.1 in accordance with the requirements of Permit Condition D.4.11(a) except for testing frequency, while combusting both Natural Gas and a Natural Gas/Biogas blend.

 

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

 

Lisa Hayhurst, Enforcement Case 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 Thirty-Six Thousand Eight Hundred Seventy-Five Dollars ($36,875.00).  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”.

 

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 conduct the test within 30 months of the most recent valid compliant stack test

$500.00 per week

4

Failure to conduct the test within 60 months of the most recent valid compliant stack test as of the Effective Date of this order

 

 

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 penalties and stipulated 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 8, 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 permits 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:

 

RESPONDENT:

Department of Environmental Management

 

Grain Processing Corporation

 

 

 

By:

 

 

By:

 

 

David P. McIver, Chief

 

Printed:

 

 

Enforcement Section

 

Title:

 

 

Office of Air Quality

 

 

 

Date:

 

 

Date:

 

 

 

 

 

 

 

 

 

 

 

COUNSEL FOR RESPONDENT:

 

 

 

 

 

 

 

 

 

By:

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Date:

 

 

 

 

 

 

APPROVED AND ADOPTED BY THE INDIANA DEPARTMENT OF ENVIRONMENTAL

MANAGEMENT THIS

 

DAY OF

 

, 2019.

 

 

For the Commissioner

 

 

 

Signed on May 17, 2019

 

Matthew Stuckey, Deputy Assistant Commissioner

 

Office of Air Quality

 

Indiana Department of Environmental Management