NOTICE OF VIOLATION
|
Via Certified Mail #: |
|
|
|
|
|
|||
|
To: |
Mr.
Gary Drook, CEO and Registered Agent |
||
|
|
|
||
|
|
2955
W. Delphi Pike |
||
|
|
|
||
Case No. 2008-17992-A
Based on a stack test and records review, the Indiana Department of
Environmental Management (“IDEM”) has reason to believe the Central Indiana
Ethanol, LLC (“Respondent”) has violated environmental statutes, and permit. The violations are based on the following:
1.
Respondent owns
and operates a stationary ethanol production plant with Plant I.D. No. 053-00062
located at 2955 W. Delphi Pike in Marion, Grant County, Indiana (the “Site”).
2. Pursuant
to Federally Enforceable Operating Permit (“FESOP”) No. 053-21057-00062
condition D.5.5(g) and 326 IAC 2-2, the Permittee shall comply with Carbon
Monoxide (“CO”) emissions from flare CE009 shall not exceed 0.129 lbs/kgal.
Based on a stack test conducted on November 27, 2007, Respondent exceeded the
CO limit from flare CE009 with resulting emissions of 0.239 lbs/kgal, in
violation of FESOP number 053-21057-00062 condition D.5.5(g) and 326 IAC 2-2.
3. Pursuant
to FESOP No. 053-21057-00062 condition D.2.8 and 40 CFR 60 Subpart VV, the
Permittee shall comply with the requirement of permit condition E.1 for pumps;
compressors; reassure relief devices in gas/vapor service; sampling connection
systems; open-ended valves or lines; and valves.
Based on a record review of the Quarterly Deviation and Compliance Monitoring
Report for the 4th quarter of 2007, fermenter seals failed allowing
emissions of acetaldehyde, in violation of FESOP No. 053-21057-00062 condition
D.2.8 and 40 CFR 60 Subpart VV.
4. Pursuant
to FESOP No. 053-21057-00062 condition D.2.10, in order to comply with Conditions D.2.5 and D.2.6,
wet scrubber CE005 shall be in operation and control
emissions from the fermentation process at all times that this process is in
operation.
Based
on a record review of the Quarterly Deviation and Compliance Monitoring Report
for the 4th quarter of 2007, Respondent shut down scrubber CE005 two
times in the 4th quarter of 2007, totaling 12 hours, while the
process was in operation, in violation of FESOP No. 053-21057-00062 condition
D.2.10.
5.
Pursuant to
FESOP Significant Permit Revision No. 053-24415-00062, issued July 27, 2007,
condition D.3.15, in order to comply with conditions D.3.5 and D.3.6, thermal oxidizer
CE007 shall be in operation and control emissions from the DDGS dryers (EU035
and EU056) and the distillation process at all times that these units are in
operation.
Pursuant
to FESOP Significant Permit Revision No. 053-24415-00062, issued July 27, 2007,
condition D.3.19, from the date of issuance of this permit until the approved stack test results are available, the Permittee
shall operate the thermal oxidizer at or above the 3-hour
average temperature of 1,400°F.
Based on a record review of the Quarterly Deviation and Compliance Monitoring
Report for the 4th quarter of 2007, the thermal oxidizer was
shutdown and/or operated below a temperature of 1,400°F two
times in the 4th quarter of 2007, totaling 25.2 hours, while the
process was in operation, in violation of FESOP Significant Permit Revision No.
053-24415-00062 conditions D.2.15 and D.2.19.
In accordance with IC
13-30-3-3, the Commissioner herein provides notice that violations may exist
and offers an opportunity to enter into an Agreed Order providing for the
actions required to correct the violations and, as necessary and appropriate,
for the payment of a civil penalty. The Commissioner
is not required to extend this offer for more than sixty (60) days.
As provided in IC 13-30-3-3, an
alleged violator may enter into an Agreed Order without admitting that the
violations occurred. IDEM encourages
settlement by Agreed Order, thereby resulting in quicker correction of the
environmental violations and avoidance of extensive litigation. Timely settlement by Agreed Order may result
in a reduced civil penalty. Also,
settlement discussions will allow the opportunity to present any mitigating
factors that may be relevant to the violations.
If an Agreed Order is not
entered into within sixty (60) days of receipt of this Notice of Violation, the
Commissioner may issue a Notice and Order under IC 13-30-3-4 containing the
actions that must be taken to correct the violations and requiring the payment
of an appropriate civil penalty.
Pursuant to IC 13-30-4-1, the Commissioner may assess penalties of up to
$25,000 per day for each violation.
Please contact Matthew
Chaifetz at (317)232-8408 within fifteen (15) days after receipt of this Notice
to discuss resolution of this matter.
|
|
For the Commissioner: |
||
|
Date: |
|
|
Signed September 29, 2008 |
|
|
Lori Kyle Endris |
||
cc: Rochelle Marceillars, US EPA Region 5
Grant County Health Department
Ryan Hillman, Office of Air Quality
Dave Cline, Office of Air Quality
OAQ Public File
Enforcement File