EPA v. BADGER STATE ETHANOL, LLC

Case summary

Badger State Ethanol is an ethanol production facility, subject to the New Source Performance Standards (NSPS) subpart Db. Badger State conducted stack testing for nitrogen oxides (NOx) on June 26, 2008, and violated the NSPS NOx limit. Badger State retested on October 22, 2008, in compliance. Region 5 staff inspected Badger State in December of 2008, at which time we learned about the stack tests. After obtaining and reviewing the stack test results, on August 13, 2009, Region 5 issued a Finding of Violation (FOV) to Badger for violations of Subpart Db, specifically, for exceeding its allowable emission limits for nitrogen oxides (0.10 lb/mmBtu) at the Dryers/Thermal Oxidizers and a Waste Heat Boiler Process P10. According to the stack test reports submitted to Wisconsin Department of Natural Resources, Badger emitted 0.21 lb/mmBtu and 0.1037 lb/mmBtu, respectively. The parties held a conference to discuss the FOV on October 8, 2009. The facility submitted additional information to EPA on October 22, 2009. While Badger’s October 22, 2008 stack test for NOx emissions demonstrated compliance with the NSPS Subpart Db emissions limit, the results were very close to the limit. Because the October 2008 test result was so close to the limit, EPA negotiated an agreement requiring Badger to install and operate a CEMS for measuring NOx at Process P10 to demonstrate continuous compliance. This Administrative Compliance Order (ACO) requires Badger to install a Monitor Tech MT100 continuous emissions monitoring system (CEMS) on its Process P10 (stack S10). The ACO also requires Badger to complete CEMS installation and operation by September 1, 2010. Badger must continuously operate the CEMS following its installation for at least five years.

Defendants (1)

• BADGER STATE ETHANOL, LLCNamed in complaintNamed in settlement

Facilities (1)

• BADGER STATE ETHANOL, INC.

  820 W 17TH ST, MONROE, WI, 535662393

  Registry ID: 110038166365

Statutes cited

• CAA 111 — New Source Performance Standards

Enforcement conclusions (1)

• BADGER STATE ETHANOL, LLCentered 2010-06-01

  Primary law: CAA

Timeline (2 milestones)

• 2010-06-01Final Order Issued
• 2010-06-25Enforcement Action Data Entered