STATE OF INDIANA		)	SS:	BEFORE THE INDIANA DEPARTMENT OF
		)
COUNTY OF MARION		)		ENVIRONMENTAL MANAGEMENT
COMMISSIONER OF THE DEPARTMENT					)
OF ENVIRONMENTAL MANAGEMENT,					)
					)
Complainant,					)
					)
	v.				)	Case Nos. 2021-27652-A
					)	2021-28321-A
ARCHER DANIELS-MIDLAND COMPANY,					)	2023-29321-A
					)
Respondent.					)

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 Indiana Code (“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 IC 13-13-1-1.

2. Respondent is Archer Daniels-Midland Company (“Respondent”) which owns and operates a stationary soybean processing and vegetable refining operation with Plant ID No. 023-00011, located at 2191 West CR 0 NS, in Frankfort, Clinton 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”) in conjunction with this Agreed Order via Certified and Electronic Mail to:

Veronica Braker, VP of Operations CT Corporation System,

Archer Daniels-Midland Company Registered Agent

4666 Faries Parkway 334 N. Senate Ave.

Decatur, IL 62526 Indianapolis, IN 46204

Veronica.braker@adm.com

5. During an investigation including an inspection conducted on January 29, 2021 by a representative of IDEM, the following violations were found:

Based on the Enforcement Action Letter dated February 3, 2021, case no. 2021-27652-A contains the following violations:

a. Pursuant to Part 70 Operating Permit No. 023-41016-00011 (“Permit 41016”) condition D.1.10(a), Respondent shall perform quarterly inspections of all cyclones controlling the Expander System identified as EU15, when venting to the atmosphere to verify that they are being operated and maintained in accordance with the manufacturer's specifications.

Respondent failed to perform quarterly inspections of all cyclones associated with the Expander System, identified as EU15 from January 15, 2019 through December 31, 2020, in violation of Permit 41016 condition D.1.10(a).

b. Pursuant to Permit 41016 condition D.1.5(a), in order to demonstrate compliance with condition D.1.1(a), Respondent shall perform PM and PM10 testing of the stack exhaust from all units (except for EU04, EU07, EU26, EU29, EU03, EU45, EU47, EU31, EU32, and EU36) limited by condition D.1.2 utilizing methods as approved by the Commissioner at least once every five (5) years from the date of the most recent valid compliance demonstration.

Respondent failed to conduct testing of the stack exhaust for the following units within five (5) years of the most recent compliance demonstration:

Flaking Rolls (EU14) controlled by cyclone (CE-07), Hull Grinder (EU17) controlled by cyclone (CE-20) and baghouse (CE-20A), Bean Dryer, Cracking Rolls, Hull Separator and Conditioner (EU10/11/12/13) controlled by cyclone (CE-06) and baghouse (BH-06A), DTDC Meal Dryer Deck #3 (EU24A) controlled by cyclone (CE-10A), in violation of Permit 41016 condition D.1.5(a).

c. Pursuant to Part 70 Operating Permit No. 023-26991-00011 (“Permit 26991”) condition D.1.7(a) and corresponding conditions in subsequent permits, Respondent shall perform PM and PM10 testing of the stack exhaust from all units (except for EU04, EU07, EU19, EU26, EU29, EU36, EU45, and EU47) limited by Condition D.1.2, within 180 days of publication of the new or revised condensable PM test method(s) referenced in the U. S. EPA's Final Rule for Implementation of the New Source Review (NSR) Program for Particulate Matter Less Than 2.5 Micrometers (PM2.5), signed on May 25, 2008 or at least once every five (5) years from the date of valid compliance demonstration, whichever date is later.

Respondent failed to conduct initial and subsequent testing of the stack exhaust for Bean Dryer, Cracking Rolls, Hull Separator and Conditioner (EU10/11/12/13) controlled by cyclone (CE-06) with baghouse (BH-06A) bypassed, in violation of Permit 26991 condition D.1.7(a) and corresponding conditions in subsequent permits.

d. Pursuant to Permit 41016 condition D.1.5(c), in order to demonstrate compliance with conditions D.1.1 and D.1.2, Respondent shall perform PM and PM10 testing of the stack exhaust from EU44 utilizing methods approved by the Commissioner at least once every five (5) years from the date of the most recent valid compliance demonstration.

Respondent failed to conduct PM and PM10 testing of the stack exhaust from Vertical Seed Conditioner (EU44) within five (5) years of the most recent valid compliance demonstration, in violation of Permit 41016 condition D.1.5(c).

e. Pursuant to Permit 41016 condition D.2.11, in order to demonstrate compliance with conditions D.2.1(b), D.2.2(a), and D.2.2(b), Respondent shall perform PM and PM10 testing of one of the boilers EU39, EU41, or EU46 utilizing methods as approved by the Commissioner at least once every 5 years from the date of the most recent valid compliance demonstration.

Respondent failed to perform PM and PM10 testing of boiler #4 (EU46) at least every five (5) years from the most recent compliance demonstration, in violation of Permit 41016 condition D.2.11.

Based on the Enforcement Action Letter dated December 13, 2021, case no. 2021-28321-A contains the following violations:

f. Pursuant to Permit 41016 condition D.1.1(a), in order to render the requirements of 326 IAC 2-2 (Prevention of Significant Deterioration (PSD)) not applicable, the particulate material (“PM”) emissions from Hull Grinder (EU17) controlled by cyclone (CE-20) and baghouse (CE-20A) shall not exceed 0.00674 pound per ton (“lb/ton”).

During compliance testing conducted April 8, 2021, Respondent demonstrated emissions of 0.0511lb/ton from Hull Grinder (EU17) controlled by cyclone (CE-20) and baghouse (CE-20A), in violation of Permit 41016 condition D.1.1(a).

g. Pursuant to Permit 41016 condition D.1.1(a), in order to render the requirements of 326 IAC 2-2 (Prevention of Significant Deterioration (PSD)) not applicable, the PM emissions from Bean Dryer, Cracking Rolls, Hull Separator, and Conditioner (EU10/11/12/13) controlled by cyclone (CE-06) with baghouse (BH-06A) bypassed shall not exceed 0.131 lb/ton.

During compliance testing conducted on April 9, 2021, Respondent demonstrated emissions of 0.161lb/ton from Bean Dryer, Cracking Rolls, Hull Separator, and Conditioner (EU10/11/12/13) controlled by cyclone (CE-06) with baghouse (BH-06A) bypassed, in violation of Permit 41016 condition D.1.1(a).

h. Pursuant to 40 CFR 60.302(b)(1), no owner or operator subject to the provisions of this subpart shall cause to be discharged into the atmosphere from any affected facility except a grain dryer any process emission which contains particulate matter in excess of 0.01 grains per dry standard cubic feet (“gr/dscf”).

During compliance testing conducted on April 9, 2021, Respondent demonstrated emissions of 0.094gr/dscf from Bean Dryer, Cracking Rolls, Hull Separator, and Conditioner (EU10/11/12/13) controlled by cyclone (CE-06) with baghouse (BH-06A) bypassed, in violation of 40 CFR 60.302(b)(1).

Based on the Enforcement Action Letter dated April 4, 2023, case no. 2023-29321-A contains the following violation:

i. Pursuant to Permit 41016 condition D.2.9(a) and 326 IAC 3-5 (Continuous Monitoring of Emissions) continuous emission monitoring systems for boiler #4 (EU46) shall be calibrated, maintained, and operated for measuring NOx, which meet all applicable performance specifications of 326 IAC 3-5-2.

During the fourth quarter of 2020, Respondent experienced 267 hours, or 12.2% of continuous emission monitoring system (“CEMS”) downtime relative to 2185 hours of operation, in violation of Permit 41016 condition D.2.9(a) and 326 IAC 3-5.

6. Respondent conducted all late testing between April 6, 2021 and April 13, 2021.

7. Respondent conducted the retest of Hull Grinder (EU17) controlled by cyclone (CE-20) and baghouse (CE-20A) on June 15, 2021, with the results received by IDEM on July 22, 2021, indicating compliance with Permit condition D.1.5(a).

8. On January 7, 2022, Respondent submitted a permit application which would remove the provision to operate Bean Dryer, Cracking Rolls, Hull Separator, and Conditioner (EU10/11/12/13) controlled by cyclone (CE-06) with baghouse (BH-06A) bypassed. Part 70 Permit No. 023-44943-00011 was issued on April 19, 2022, which removed the language and testing related to the bypass.

9. Orders of the Commissioner are subject to administrative review by the Office of Environmental Adjudication under IC 4-21.5; however, in recognition of the settlement reached, Respondent acknowledges notice of this right and 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 Part 70 Permit No. 023-44943-00011 unless superseded by a permit modification or renewal.

3. All submittals required by this Agreed Order, unless IDEM notifies the Respondent otherwise in writing, shall be sent to:

Jennifer Bailey, Senior Enforcement Case Manager

Office of Air Quality

Indiana Department of Environmental Management

100 North Senate Avenue

Indianapolis, IN 46204-2251

Jbailey2@idem.in.gov

4. Pursuant to IC 13-30-4-1, Respondent is assessed and agrees to pay a civil penalty of Fifty-Three Thousand Six Hundred Dollars ($53,600.00). Said penalty amount shall be due and payable to the Environmental Management Special Fund within thirty (30) days of the Effective Date; the thirtieth 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:

Indiana Department of Environmental Management

Accounts Receivable

IGCN, Room 1340

100 North Senate Avenue

Indianapolis, IN 46204

6. 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.

7. Signatories to this Agreed Order certify that they are fully authorized to execute this Agreed Order and legally bind the party they represent.

8. This Agreed Order shall apply to and be binding upon Respondent and all successors and assigns. Respondent shall provide a copy of this Agreed Order, if in force, to any subsequent owners, successors, or assigns before ownership rights are transferred.

9. No change in ownership, corporate, or partnership status of Respondent shall in any way alter the Respondent’s status or responsibilities under this Agreed Order.

10. Respondent shall ensure that all contractors, firms, and other persons performing work under this Agreed Order comply with the terms of this Agreed Order.

11. 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.

12. 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 the obligation to comply with the requirements of any applicable permits or any applicable Federal or State laws or regulations.

13. 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.

14. 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 violations specified in the NOV.

15. Nothing in this Agreed Order shall prevent IDEM or anyone acting on its behalf from communicating with the U.S. Environmental Protection Agency (“U.S. 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 U.S. EPA or any other agency or entity.

16. 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:			RESPONDENT:
Department of Environmental Management			Archer Daniels-Midland Company
By:			By:
	David P. McIver, Chief		Printed:
	Enforcement Section		Title:
	Office of Air Quality
			Date:
APPROVED AND ADOPTED BY THE INDIANA DEPARTMENT OF ENVIRONMENTAL
MANAGEMENT THIS		DAY OF		, 2023.
			For the Commissioner:
			Signed on November 16, 2023
			Matthew Stuckey, Assistant Commissioner
			Office of Air Quality Indiana Department of Environmental Management