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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 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:
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J.
C. Thorpe, President |
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Corporation
Service Company, |
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Grain
Processing Corporation |
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Registered
Agent |
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1600
Oregon St |
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135
North Pennsylvania St, Suite 1610 |
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Muscatine,
IA 52761-0000 |
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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:
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Lisa Hayhurst,
Enforcement Case Manager |
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Compliance and Enforcement Branch –
Mail Code 61-53 |
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Indiana Department of Environmental
Management |
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100 North Senate Avenue |
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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:
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Paragraph |
Violation |
Stipulated Penalty |
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3 |
Failure to conduct
the test within 30 months of the most recent valid compliant stack test |
$500.00
per week |
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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 |
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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:
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IDEM
Office of Legal Counsel |
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IGCN,
Rm N1307 |
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100
N Senate Ave |
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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.
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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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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
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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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,
2019. |
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For
the Commissioner |
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Signed
on May 17, 2019 |
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Matthew
Stuckey, Deputy Assistant Commissioner |
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Office
of Air Quality |
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Indiana
Department of Environmental Management |
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