EPA v. AMERICAN FRUCTOSE DECATUR, INC.

Case summary

THIS CASE CONCERNS THE FAILURE OF AMERICAN FRUCTOSE DECATUR, INC. TO COMPLY WITH REQUIREMENTS OF THE NEW SOURCE PERFORMANCE STANDARDS (NSPS) FOR INDUSTRIAL, COMMERCIAL AND INSTITUTIONAL STEAM GENERATING UNITS, 40 C.F.R., PART 60, SUBPART DB, AND THE GENERAL PROVISIONS CONTAINED IN 40 C.F.R. PART 60, SUBPART A, OF ITS COAL-FIRED BOILER AND ITS GAS AND OIL-FIRED BOILER USED IN THE MANUFACTURE OF HIGH FRUCTOSE CORN SYRUP AND CORN STARCH AT ITS DECATUR, AL FACILITY. BASED ON AN INSPECTION CONDUCTED BY THE ALABAMA DEPART- MENT OF ENVIRONMENTAL MANAGEMENT, IT WAS DETERMINED THAT AMERICAN FRUCTOSE FAILED TO INSTALL A CONTINUOUS MONITORING SYSTEM FOR MEASURING NITROGEN OXIDES EMISSIONS ON THE BOILERS AS REQUIRED BY 40 C.F.R. SECTION 60.48B(B) AND FAILED TO CONDUCT AN INITIAL PERFORMANCE TESTS FOR NITROGEN OXIDES ON THE TWO BOILERS WITHIN THE REQUIRED TIME PERIOD IN VIOLATION OF 40 C.F.R. SECTION 60.8. THE RESULTS OF AMERICAN FRUCTOSE'S FOURTH QUARTER NITROGEN OXIDES EXCESS EMISSIONS REPORT INDICATE THAT AMERICAN FRUCTOSE ALSO VIOLATED OTHER SUBSECTIONS OF 40 C.F.R. SECTION 60.48B, AND SECTIONS 60.13(D)(1) REQUIRING MONITORING DATA, DAILY CALIBRATIONS, AND MAINTENANCE OF THE NITROGEN OXIDES CONTINUING MONITORING SYSTEM. AMERICAN FRUCTOSE ALSO VIOLATED 40 C.F.R. SECTION 60.43(D)(1) OF PARTICULATE MATTER STANDARDS. AMERICAN FRUCTOSE HAS RECENTLY DEMONSTRATED COMPLIANCE WITH SOME OF THE NSPS REQUIREMENTS. PURSUANT T0 40 C.F.R. SECTION 60.48B(B), AMERICAN FRUCTOSE COMPLETED INSTALLATION OF THE NITROGEN OXIDES CONTINUOUS MONITOR ON THE COAL-FIRED BOILER ON APRIL 1, 1989, AND ON AUGUST 30, 1989 COMPLETED THE NITROGEN OXIDES INITIAL PERFORMANCE TESTS ON THE COAT- FIRED BOILER. IN SEPTEMBER 1989, AMERICAN FRUCTOSE'S REQUEST TO DERATE THE GAS AND OIL-FIRED BOILER WAS APPROVED BY EPA. THE DERATING OF THIS BOILER TO 95 MILLION BTUS PER HOUR MADE THE BOILER BELOW THE 100 BTU PER HOUR THRESHOLD FOR NSPS APPLICABILITY. ACCORDINGLY, THE GAS AND OIL-FIRED BOILER DOES NOT NOW HAVE TO CONDUCT A NITROGEN OXIDES INITIAL PERFORMANCE TESTS. EPA IS SEEKING INJUNCTIVE RELIEF AND PENALTIES FOR THE PAST VIOLATIONS.

Defendants (1)

• AMERICAN FRUCTOSE DECATUR, INC.Named in complaintNamed in settlement

Facilities (1)

• AMERICAN FRUTOSE

  STATE DOCK RD, DECATUR, AL, 356019736

  Registry ID: 110010768918

Statutes cited

• CAA 111 — New Source Performance Standards

Enforcement conclusions (1)

• AMERICAN FRUCTOSE DECATUR INC.entered 1991-08-19

  Primary law: CAA

  Federal penalty: $145,000

Timeline (7 milestones)

• 1989-10-01Enforcement Action Data Entered
• 1989-12-29Referred To Dept Of Justice
• 1990-08-29Complaint Filed With Court
• 1991-08-19Final Order Lodged
• 1991-08-19Final Order Entered
• 1991-08-19Concluded
• 1991-12-10Enforcement Action Closed