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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OF
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Complainant, |
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GREEN PLAINS
MOUNT VERNON LLC, |
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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’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 Green Plains Mount Vernon LLC (“Respondent”), which owns and operates the stationary
ethanol production plant with Plant ID No. 129-00050, located at 8999 West
Franklin Road, in Mount Vernon, Posey 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 Electronic Mail to:
Todd
Becker, CEO and President Green Plains Mount Vernon LLC 1811 Aksarben Drive Omaha, NE 68106 todd.becker@gpreinc.com |
CT Corporation System, Registered Agent 334 North Senate Avenue Indianapolis, IN 46204 wkuslawdept@wolterskluwer.com |
5.
During
an investigation conducted by representatives of IDEM, the following violations
were found:
a.
Pursuant
to Part 70 Permit 129-40227-00050 (“Permit”) condition D.4.1(h), Volatile
Organic Compound (“VOC”) emissions shall not exceed 0.41 pound (“lb”)/ton for each stack (SV-1802A and
SV-1802B).
On September 29, 2020, Respondent conducted stack testing of the Natural
Gas-Fired Swiss Combi “Eco-Dry” Dryer System (EU-1801A) exhausting to stack
SV-1802A, results of testing indicated VOC emissions of 0.55 lb/ton, in violation of Permit condition D.4.1(h).
b.
Pursuant
to Permit condition D.4.2(b), the overall efficiency for the Swiss Combi Dryer
Systems identified as EU-1801A and EU-1801B shall be at least 98%, or the VOC
outlet concentrations shall not exceed 10 parts per million by volume (‘ppmv”) at 100% capture.
On September 29, 2020, Respondent conducted stack testing of EU-1801A
exhausting to stack SV-1802A, results of testing indicated overall control
efficiency of 93.2%, in violation of Permit condition D.4.2(b).
On October 1, 2020, Respondent conducted stack testing of EU-1801B exhausting
to stack SV-1802B, results of testing indicated overall control efficiency of
85%, in violation of Permit condition D.4.2(b).
c.
Pursuant
to Permit condition D.4.3(a), acetaldehyde emissions shall not exceed 0.57 lb/hr for each
stack (SV-1802A and SV-1802B).
On September 29, 2020, Respondent conducted stack testing of EU-1801A
exhausting to stack SV-1802A, results of testing indicated acetaldehyde emissions
of 2.28 lb/hr, in violation
of Permit condition D.4.3(a).
d.
Pursuant
to Permit conditions D.4.9(f), (g), and (h), not later than 180 days after
issuance of Significant Permit Modification No. 129-38153-00050 and/or at least once every five (5)
years from the date of the most recent valid compliance demonstration in
order to demonstrate compliance with conditions D.4.3(b), D.4.3(c), and
D.4.3(d) the permittee shall perform acrolein, formaldehyde and methanol
testing for each of the Swiss Combi Dryer Systems (EU-1801A and EU-1801B).
Respondent failed to demonstrate compliance with conditions D.4.3(b), D.4.3(c),
and D.4.3(d) by February 26, 2018 for each of the Swiss Combi Dryer Systems
(EU-1801A and EU-1801B), in violation of Permit conditions D.4.9(f), (g), and
(h).
6.
On
July 6, 2021, Respondent submitted a permit application for the installation of
2 RTO units to replace the Swiss Combi Dryer Systems. Significant Source
Modification 129-44278-00050 was issued on February 2, 2022. Significant Permit Modification
129-44338-00050 was issued on February 22, 2022.
7.
Dryer
2/RTO B was restarted on February 7, 2022 and tested
on March 31, 2022.
8.
Dryer
1/RTO A was taken out of service on February 21, 2022.
9.
Test
of Dryer1/RTO A was tested on June 30, 2022.
Additional retests of Dryer 2/RTO B were conducted on July 1, 2022.
10.
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 129-44338-00050
unless superseded by a modification or renewal.
3.
All submittals required by this Agreed Order,
unless IDEM notifies the Respondent otherwise in writing, shall be sent to:
Matthew
Chaifetz, Senior Enforcement Case Manager
Office of Air Quality
Indiana
Department of Environmental Management
100 North
Senate Avenue
Indianapolis,
IN 46204-2251
mchaifet@idem.IN.gov
4.
Respondent is assessed and agrees to pay a
civil penalty of Two Hundred Eighty-Five Thousand Three Hundred Fifty-Five
Dollars ($285,355.00). Within thirty
(30) days of the Effective Date of the Agreed Order, Respondent shall pay a
portion of this penalty in the amount of Two Hundred Twelve Thousand Five
Hundred Fifty-Five Dollars ($212,555.00).
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”. In lieu of payment of the remaining civil penalty,
Respondent shall make a cash payment to the Indiana Finance Authority (“IFA”)
to fund a Supplemental Environmental Project (“SEP”) of activities related to
brownfield development at a brownfield site (“Brownfield Site”) in Mount Vernon,
Indiana. Respondent will make a payment
in the amount of Seventy-Two Thousand Eight Hundred Dollars ($72,800.00) to
fund SEP activities at the Brownfield Site.
Respondent shall make such payment to the IFA within thirty (30) days of
the Effective Date of his Agreed Order.
Payment to the IFA satisfies Respondent’s obligation to undertake a SEP
to offset a portion of the civil penalty assessed in this matter. Implementation of this SEP will benefit the
community by rejuvenating neighborhoods, increasing tax base, mitigating
threats to human health and the environment and/or reducing blight.
The Brownfield Site at which some or all of the SEP
proceeds will be spent will be determined by the Brownfields Program for a site
located in Mount Vernon, Indiana. The designation of this Brownfield Site to
receive the SEP proceeds is agreed upon by the Complainant, Respondent
and the IFA. The IFA will account for
the SEP payment and the Brownfields Program will oversee the work undertaken at
the Brownfield Site funded by the SEP proceeds.
If SEP proceeds remain following a determination by the Brownfields Program
that no additional SEP proceeds are needed at the Brownfield Site, the
Brownfields Program will select another site or sites in Mount Vernon at which
work will be funded with the balance of the SEP proceeds. The IFA will notify IDEM’s Enforcement Case
Manager when SEP-funded activities at the Brownfield Site (and any other site
at which activities may be funded with SEP proceeds) are complete.
In the event that Respondent does not make its SEP payment within thirty (30)
days of the Effective Date of this Agreed Order, the full amount of the civil
penalty as stated in this paragraph, plus interest established by IC
24-4.6-1-101 on the remaining amount, less the portion of the civil penalty
Respondent has already paid, will be due to IDEM within fifteen (15) days from
Respondent’s receipt of IDEM’s notice to pay.
Interest, at the rate established by IC 24-4.6-1-101, shall be
calculated on the amount due from the date which is thirty (30) days after the
Effective Date of this Agreed Order until the full civil penalty is paid.
Payment for the SEP is payable by check to the “Indiana Finance
Authority.” The text “SEP- South Bend”
and the Case Number of this action shall be included in the memo line of the
check. The check shall be mailed to:
Andrea Robertson
Indiana
Brownfields Program – SEP
100
N. Senate Avenue
Room
1275
Indianapolis,
IN 46204
Respondent shall provide Complainant with documentation of payment to the
Indiana Finance Authority within one (1) week of such payment.
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: |
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RESPONDENT: |
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Department
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Green Plains Mount Vernon, LLC |
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By: |
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David
P. McIver, Chief |
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Printed: |
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Enforcement
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Office
of Air Quality |
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COUNSEL
FOR COMPLAINANT: |
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COUNSEL
FOR RESPONDENT: |
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For
the Department of Environmental Management |
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By: |
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By: |
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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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2023. |
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For
the Commissioner: |
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Signed
on February 21, 2023 |
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Matthew
Stuckey |
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Assistant
Commissioner |
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Office
of Air Quality Indiana
Department of Environmental Management |
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