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STATE OF
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BEFORE THE
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COUNTY OF
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ENVIRONMENTAL
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COMMISSIONER
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Complainant, |
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2023-29497-A |
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ARCHER
DANIELS-MIDLAND COMPANY, |
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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 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 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 Electronic and Certified
Mail to:
Joey Nefzger, Vice
President CT Corporation System,
Archer
Daniels-Midland Company Registered
Agent
4666 Faries
Parkway 334 North Senate Ave.
Decatur, IL
62526 Indianapolis, IN 46204
5.
During
an investigation including report reviews conducted by a representative of
IDEM, the following violations were found:
Based on the Enforcement Action Letter
dated November 21, 2022, case no. 2022-29059-A contains the following
violations:
a.
Pursuant
to Part 70 Operating Permit No. 023-45306-00011 (“Permit”) conditions D.1.7(a)
and D.1.12(d), visible emission notations of the stack exhausts from baghouses
GR-1, BH-06A, CE-05, BH-2A, ML-1, MC-1, CE-18, and CE-20A, the stack exhausts
for cyclones CE-07, CE-08, CE-10, CE-10A and CE-11, and the stack exhausts for
bin vent filters BH-30A and BH30B, and BH-31 shall be performed once per day
during normal daylight operations when exhausting to the atmosphere, and
maintain records of the notations.
Respondent failed
to conduct visible emission notations for all affected units on September 18,
2022, in violation of Permit conditions D.1.7(a) and D.1.12(d).
b.
Pursuant
to Permit conditions D.1.8 and D.1.12(e), Respondent shall record the pressure
drop across baghouse BH-44 at least once per day when the associated vertical
seed conditioner unit is in operation and maintain records of all notations and
corrective actions.
Respondent failed to record the pressure drop across
baghouse BH-44 on September 18, 2022, in violation of Permit conditions D.1.8
and D.1.12(e).
c.
Pursuant
to Permit condition D.3.1(b), the overall solvent loss ratio from the oil
extraction process shall not exceed 0.179 gallons of hexane per ton of soybeans
processed. Compliance with the solvent loss ratio limit shall be demonstrated
using the average solvent loss ratio per twelve (12) consecutive month period
with compliance determined at the end of each month.
Respondent exceeded the monthly limit of 0.179 gallons of
hexane per ton of soybeans processed from July 2022 to January 2023 for soybean
oil extraction process EU-38, in violation of Permit condition D.3.1(b).
d.
Pursuant
to Permit condition E.4.2 and 40 CFR 63.2840, the emission requirements limit
the number of gallons of Hazardous Air Pollutant (HAP) lost per ton of listed
oil seeds processed such that actual HAPs solvent loss shall not exceed a
compliance ratio of one and zero one hundredths (1.00)
during any calendar month.
Respondent exceeded the compliance ratio of one and zero
one hundredths (1.00) during September 2022 for
soybean oil extraction process EU-38, in violation of Permit condition E.4.2
and 40 CFR 63.2840.
Based
on the Enforcement Action Letter dated July 5, 2023, case no. 2023-29497-A
contains the following violation:
e.
Pursuant
to Permit condition D.2.4(b) and 326 IAC 3-5 (Continuous Monitoring of
Emissions) continuous emission monitoring systems (“CEMS”) 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 second quarter of 2021, Respondent experienced
279 hours, or 14.1% of CEMS downtime relative to 1,982 hours of operation, in
violation of Permit condition D.2.4(b) and 326 IAC 3-5.
6.
Respondent
made repairs to the EU-38 soybean oil extraction process and was able to return
to compliance with 40 CFR 63.2840 by October 2022 and with Permit condition
D.3.1(b) by February 2023.
7.
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 the rules and
permit conditions listed in the findings of fact above.
3.
All submittals required by this Agreed Order,
unless IDEM notifies the Respondent otherwise in writing, shall be sent to:
Jennifer
Bailey, 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 Thirty-Nine Thousand Six Hundred Dollars
($39,600.00). 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 Respondents 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.
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TECHNICAL
RECOMMENDATION: |
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RESPONDENT: |
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Department
of Environmental Management |
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Archer Daniels-Midland Company |
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By: |
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By: |
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David
P. McIver, Chief |
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Printed: |
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Enforcement
Section |
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Title: |
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Office
of Air Quality |
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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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2024. |
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For
the Commissioner: |
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Signed
on May 23, 2024 |
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Matthew Stuckey, Assistant
Commissioner |
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Office
of Air Quality Indiana
Department of Environmental Management |
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