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. 2021-27597-A
					)	����������������� 2021-27732-A
CARGILL, INC.,					)
					)
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 Cargill, Inc. (�Respondent�) which owns and operates the wet corn milling operation with Plant ID No. 089-00203, located at 1100 Indianapolis Boulevard in Hammond, Lake 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�) on April 3, 2023via Electronic Mail to:

Cargill, Inc. Attn: Mike Wagner, Managing Director of Cargill Starches, Sweeteners and Texturizers North America 15407 McGinty Road West	CT Corporation System, Registered Agent 334 North Senate Ave Indianapolis, IN 46204 wkuslawdept@wolterskluwer.com
Wayzata, MN 55391-2365 mike_wagner@cargill.com

5. During an investigation including record reviews conducted by a representative of IDEM, the following violations were found:

Based on the Enforcement Action Letter issued to Respondent on January 7, 2021, case number 2021-27597-A contains the following violations:

a. Pursuant to Part 70 Permit No. 089-42481-00203 (�Permit 42481�) Conditions D.6.8 and D.6.15(a) , Respondent shall observe and maintain records of the pressure drop across each control device used in the Starch Production Area at least once per day when the associated facility is in operation.

Respondent failed to observe and maintain records of the pressure drops across baghouses used in conjunction with the Dextrin #1 Reactor System when they were in operation, on twenty-five (25) days between July 1, 2020 and July 31, 2020, in violation of Permit 42481 Condition D.6.8 and D.6.15(a).

Respondent failed to observe and maintain records of the pressure drops across baghouses used in conjunction with the Dextrin #2 Reactor System when they were in operation, on fifteen (15) days between July 1, 2020 and July 31, 2020, in violation of Permit 42481 Conditions D.6.8 and D.6.15(a).

b. Pursuant to Permit 42481 Conditions D.3.10, D.3.11 and D.3.16(a), Respondent shall observe and maintain records of the pressure drop across each particulate control device used in the Grind and Feedhouse Areas at least once per day when the associated system is in operation.

Respondent failed to observe and maintain records of the pressure drops across all baghouses used in conjunction with the Grind and Feedhouse Area when they were in operation, on twenty-four (24) days between July 1, 2020 and September 30, 2020, in violation of Permit 42481 Conditions D.3.10 and D.3.11 and D.3.16(a).

c. Pursuant to 326 IAC 6.8-2 and Permit 42481 Condition D.6.1, Respondent shall control emissions of particulate matter less than ten microns in diameter (�PM10�) from the Dextrin Feed Hopper #4.

Respondent failed to control emissions of PM10 from the Dextrin Feed Hopper #4, on August 1, 2020, in violation of 326 IAC 6.8-2 and Permit 42481 Condition D.6.1.

d. Pursuant to 326 IAC 6.8-2 and Permit 42481 Condition D.7.4, Respondent shall control emissions of PM10 from the Dried Corn Syrup Conveying System.

Respondent failed to control emissions of PM10 from the Dried Corn Syrup Conveying System, on August 20, 2020, in violation of 326 IAC 6.8-2 and Permit 42481 Condition D.7.4.

Based on the Enforcement Action Letters issued to Respondent on March 8, 2021, May 11, 2021, August 23, 2021, and October 9, 2021, case number 2021-27732-A contains the following violations:

e. Pursuant to Permit 42481 Conditions D.3.10, D.3.11, D.3.16(a) and corresponding conditions in subsequent permits, Respondent shall observe and maintain records of the pressure drop across each particulate control device used in the Grind and Feedhouse Areas at least once per day when the associated system is in operation.

Respondent failed to observe and maintain records of the pressure drops across all the particulate control devices used in conjunction with the Grind and Feedhouse Area when they were in operation, on twenty-seven (27) days between October 1, 2020 and September 30, 2021, in violation of Permit 42481 Conditions D.3.10, D.3.11, D.3.16(a) and corresponding conditions in subsequent permits.

f. Pursuant to 40 CFR 60.4234 and Permit 42481 Condition E.7.2, Respondent shall conduct the annual preventative maintenance as recommended by the manufacturer on the spark ignited (�SI�), natural gas-fired emergency generator, identified as 86-02-A.

Respondent failed to conduct the Annual Preventative Maintenance as recommended by the manufacturer on the SI, natural gas-fired emergency generator, identified as 86-02-A, between October 1 and December 31 of 2020, in violation of 40 CFR 60.4234 and Permit 42481 Condition E.7.2.

g. Pursuant to 326 IAC 6.8-2 and Part 70 Permit No. 089-44211-00203 (�Permit 44211�) Condition D.7.3, Respondent shall control emissions of PM10 from the Corn Syrup Solids Conveying System.

Respondent failed to control emissions of PM10 from the Corn Syrup Solids Conveying System, on August 29, 2021, in violation of 326 IAC 6.8-2 and Permit 44211 Condition D.7.3.

h. Pursuant to 326 IAC 6.8-2 and Permit 44211 Condition D.6.8, Respondent shall control emissions of PM10 from the Cornstarch Storage Bin 26.

Respondent failed to control emissions of PM10 from the Cornstarch Storage Bin 26, on August 31, 2021, in violation of 326 IAC 6.8-2 and Permit 44211 Condition D.6.8.

6. On July 28, 2020, Respondent installed electronic differential pressure gauges on the dust collectors for the Dextrin #1 and Dextrin #2 Reactor Systems, which automatically record the pressure drop readings.

7. On July 20, 2021, Respondent completed the installation of electronic differential pressure gauges on the dust collectors for the Grind and Feedhouse areas.

8. On March 3, 2021, Respondent completed the preventative maintenance for the spark ignited, natural gas-fired emergency generator, designated 86-02-A.

9. The Feed Hopper #4 dust collector socks were replaced on August 1, 2020.

10. The Dried Corn Syrup Conveying System dust collector was repaired on August 20, 2020.

11. Respondent repaired the Corn Syrup Solids Conveying System dust collector on August 29, 2021.

12. 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. 089-45657-00203 listed in the findings of fact above unless superseded by a renewal or modification.

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

Lisa Ward, Enforcement Case Manager

Office of Air Quality

Indiana Department of Environmental Management

100 North Senate Avenue

Indianapolis, IN 46204-2251

LHayhurs@idem.in.gov

4. Pursuant to IC 13-30-4-1, Respondent is assessed and agrees to pay a civil penalty of Thirty-Two Thousand Four Hundred Eighty-Seven Dollars ($32,487.00).� 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			Cargill, Inc.
By:			By:
	David P. McIver, Chief		Printed:
	Enforcement Section		Title:
	Office of Air Quality
Date:			Date:
COUNSEL FOR COMPLAINANT:			COUNSEL FOR RESPONDENT:
For the Department of Environmental Management
By:			By:
Date:			Date:
APPROVED AND ADOPTED BY THE INDIANA DEPARTMENT OF ENVIRONMENTAL
MANAGEMENT THIS		DAY OF		, 2023.
			For the Commissioner:
			Signed on May 11, 2023
			Matthew Stuckey
			Assistant Commissioner
			Office of Air Quality Indiana Department of Environmental Management