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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. Grain Processing Corporation, 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 Grain Processing Corporation (“Respondent”), which owns/operates
the stationary corn processing facility with Plant ID No T027-00046, located at 1443 South 300 West in
Washington, Daviess County, Indiana (the “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
on December 15, 2014 to:
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James
Crowder, President |
CT
Corporation System, Registered Agent |
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Grain
Processing Corporation |
251
E. Ohio St., Suite 1100 |
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1600
Oregon St. |
Indianapolis,
IN 46204 |
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Muscatine,
IA 52761 |
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5.
This
plant is a stationary corn processing facility that has been permitted since
October 19, 2007.
6.
During
an investigation including an inspection on May 8, 2014 conducted by a representative of IDEM, the following violations
were found:
a. Pursuant to
326 IAC 2-7-6 and the following conditions of Permit No. T027-14200-00046 and
subsequent modifications, the Permittee shall perform instrument calibration at
least once every six (6) months.
Respondent
failed to perform calibration of instruments every six months from October 2012
through January 2014, in violation of 326 IAC 2-7-6 and the following
conditions of Permit No. T027-14200-00046 and subsequent
modifications.
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Permit Condition Violated |
Unit |
Instrument(s) |
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D.4.13(c) |
wet scrubber FPC12, FPC13 |
pH meter |
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D. 4.14(c)
|
baghouse
FPC10 |
pressure
drop |
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D.9.7(d) |
Scrubber
FPC39 |
pressure
drop |
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D.2.5(e) |
scrubber
FPC06 |
pressure
instruments |
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D.3.7(f) |
scrubber FPC07
and FPC27 |
pressure
instruments |
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D.7.6(f) |
baghouse
APC28 and APC95 |
flow
meters |
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D.8.9(c) |
baghouse
SP44b |
pressure
instruments |
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D.8.9(c) |
baghouse MPC42 and dust
collector MPC43 |
pressure
instruments |
Respondent submitted all above
calibration records by May 20, 2014.
b. Pursuant to
the following conditions of Title V Permit No. T027-14200-00046 and subsequent
modifications, the Permittee shall perform corrective actions in response to
excursions or exceedances.
Respondent
failed to consistently take corrective actions as required for monitoring
excursions between January 1, 2013 – March 31, 2014,
in violation of the following conditions of Permit No. T027-14200-00046
and subsequent modifications.
|
Permit Condition Violated |
Emission
Unit |
Daily Monitoring requirement |
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D.1.6 (c) |
baghouses
FPC05 |
pressure
drop |
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D.2.5(b) |
scrubber
FPC06 |
pH of the
scrubbing liquid, |
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D.4.12(c) |
RTO
FPC34A/B |
duct pressure |
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D.4.13(b)(2) |
baghouses
FPC13 |
pressure
drop |
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D.4.10(c) |
RTO
FPC34A/B |
temperature |
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D.4.14(b) |
baghouses
FPC18 and FPC20 |
pressure
drop |
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D.8.9(b) |
baghouse/dust
collector SPC44 |
pressure
drop |
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D.9.7(b) |
scrubber
MPC39 |
pressure
drop |
Respondent has implemented a constant
review and audit system which has decreased the deviations over 95 percent in
the past 2 years.
c. Pursuant to
326 IAC 2-7-6 and the following conditions of Title V Permit No.
T027-14200-00046 and subsequent modifications, the Permittee shall perform the
following compliance monitoring at least once per day.
Respondent
failed to perform required daily monitoring sporadically
between January 1, 2013 – March 31, 2014, in violation of 326 IAC 2-7-6
and the following conditions of permit T027-14200-00046 and subsequent
modifications.
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Permit Condition Violated |
Emission
Unit |
Daily Monitoring requirement |
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D.1.8(b) |
baghouses
CPC01 and FPC05 |
pressure
drop |
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D.2.6(a) |
scrubber
FPC06 |
pH,
pressure drop and flow rate |
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D.3.8(b) |
scrubber
FPC07 and FPC27 |
pH,
pressure drop and flow rate |
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D.4.17(d) |
scrubber
APC40 |
supply
water pressure |
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D.4.17(e) |
RTO
FPC34A/B |
duct
pressure |
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D.4.17(f) |
scrubbers
FPC12 and FPC13 |
Duct
pressure, pH, pressure drop and flow rate |
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D.4.17(g) |
baghouses
FPC20 |
pressure
drop |
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D.6.10(a) |
baghouses
FPC28 |
pressure
drop |
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D.7.13(a) |
scrubbers
APC29, APC95 and APC96 |
pressure
drop and scrubbant flow rate |
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D.1.5(A) |
FPC01
|
visible
emission |
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D.1.5(b) |
FPC05
|
visible
emission |
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D.3.6(a) |
FPC07
|
visible
emission |
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D.3.6(b) |
FPC27
|
visible emission |
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D.4.15(a) |
FPC34a/b, FPC20 |
visible
emission |
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D.10.10(a) |
UP52 |
visible
emission |
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D.11.7(a) |
UP51
|
visible
emission |
Respondent has implemented a constant
review and audit system which has decreased the deviations over 95 percent in
the past 2 years.
7.
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 all statutes, rules, and permit conditions listed in the
findings here and/or above at issue.
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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Tammy
Haug, Compliance and Enforcement Manager |
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Indiana
Department of Environmental Management |
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Southwest
Regional Office |
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P.
O. Box 128 |
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Petersburg,
IN 47567-0128 |
4.
Respondent
is assessed and agrees to pay a civil penalty of Thirty Thousand Dollars ($30,000).
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”.
5.
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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IDEM
Office of Legal Counsel |
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IGCN,
Rm N1307 |
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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 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 their
obligation to comply with the requirements of their 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 Respondents 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.
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TECHNICAL
RECOMMENDATION: |
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RESPONDENT: |
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Department
of Environmental Management |
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Grain Processing Corporation |
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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
of Air Quality |
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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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,
2015. |
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For
the Commissioner |
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Signed
on April 10, 2015 |
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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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