STATE OF
INDIANA |
) |
SS: |
BEFORE THE
INDIANA DEPARTMENT OF |
||||
|
) |
|
|
||||
COUNTY OF
MARION |
) |
|
ENVIRONMENTAL
MANAGEMENT |
||||
|
|||||||
COMMISSIONER
OF THE DEPARTMENT |
) |
|
|||||
OF
ENVIRONMENTAL MANAGEMENT, |
|
) |
|
||||
|
|
) |
|
||||
Complainant, |
|
) |
|
||||
|
|
) |
|
||||
|
v. |
|
) |
||||
|
|
) |
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 |
||||||