EPA v. MARYSVILLE ETHANOL, LLC

Case summary

Marysville Ethanol, LLC (Marysville) currently operates a 50 million gallons-per-year-dry mill ethanol manufacturing facility (the facility) in Marysville, Michigan. The facility also produces approximately 146,000 tons per year of animal feed known as distiller grains. Ethanol manufacturing produces by-products such as Distillers Dried Grains with Solubles (DDGS) and Distillers Wet Grains (DWG). The facility started operations in or around October 2007. At the facility, the company uses the dry mill process, where the entire grain kernel is ground into flour. The starch in the flour is converted to ethanol during the fermentation process, creating carbon dioxide and DDGS. The facility includes a recuperative thermal oxidizer (RTO) with a heat recovery steam generator and a DDSG cooling baghouse C70. On July 12, 2007, the Michigan Department of Environmental Quality (MDEQ) issued to Marysville a Permit to Install (PTI) with conditions, PTI #175-05B. This permit restricts the RTO heat recovery steam generator to 10.75 pounds of nitrogen oxides (NOX) per hour, and the DDGS cooling baghouse to 1.20 pounds of particulate matter with an aerodynamic diameter less than or equal to a nominal 10 micrometers(PM10) per hour. On September 23, 2010, Region 5 issued a Notice of Violation (NOV) to Marysville for exceeding its allowable NOx emissions limits (10.75 lb/hour) and PM10 emissions limit (1.20 lb/hour) at the RTO heat recovery steam generator and the DDGS cooling baghouse, respectively. The NOV also alleged that Marysville had operated the RTO below the minimum temperature operating requirement of 1436 0F. The parties held a conference to discuss the NOV on October 27, 2010. As requested by Region 5, the company submitted additional information to EPA on November 29, 2010. This information included a March 20, 2008 stack test report for the DDGS cooling baghouse for PM10 emissions, RTO repair activities and post-repair NOx emissions, and “low temperature events” data from the RTO. Based on our review of this information, as well as information provided to EPA prior to and at the Section 113 conference, Region 5 believes that Marysville currently complies with the cited permit conditions and Michigan SIP requirements. Marysville investigated the NOx emissions increase with the RTO with equipment manufacturer. It determined there was a plugged screen on the burners in the RTO’s flue gas recirculation chambers was causing elevated levels of NOx emissions. In May 2010, Marysville shut down the facility and removed the plugged screen from the RTO. NOx emissions from the RTO are now well below 10.75 lbs/hour since the removal of the screen. Marysville installed baffle plates in the cooling baghouse and has now demonstrated compliance with PM10 emission limit. This CAFO requires Marysville to pay a cash penalty of $50,000, in consideration of Marysville’s cooperation in this matter and expeditious return to compliance.

Defendants (1)

• MARYSVILLE ETHANOL, LLCNamed in complaintNamed in settlement

Facilities (10)

• MARYSVILLE ETHANOL, LLC

  2512 BUSHA HWY, MARYSVILLE, MI, 48040

  Registry ID: 110070028928

• MARYSVILLE ETHANOL, LLC

  2512 BUSHA HWY, MARYSVILLE, MI, 48040

  Registry ID: 110070028928

• MARYSVILLE ETHANOL, LLC

  2512 BUSHA HWY, MARYSVILLE, MI, 48040

  Registry ID: 110070028928

• MARYSVILLE ETHANOL, LLC

  2512 BUSHA HWY, MARYSVILLE, MI, 48040

  Registry ID: 110070028928

• MARYSVILLE ETHANOL, LLC

  2512 BUSHA HWY, MARYSVILLE, MI, 48040

  Registry ID: 110070028928

• MARYSVILLE ETHANOL, LLC

  2512 BUSHA HWY, MARYSVILLE, MI, 48040

  Registry ID: 110070028928

• MARYSVILLE ETHANOL, LLC

  2512 BUSHA HWY, MARYSVILLE, MI, 48040

  Registry ID: 110070028928

• MARYSVILLE ETHANOL, LLC

  2512 BUSHA HWY, MARYSVILLE, MI, 48040

  Registry ID: 110070028928

• MARYSVILLE ETHANOL, LLC

  2512 BUSHA HWY, MARYSVILLE, MI, 48040

  Registry ID: 110070028928

• MARYSVILLE ETHANOL, LLC

  2512 BUSHA HWY, MARYSVILLE, MI, 48040

  Registry ID: 110070028928

Statutes cited

• CAA 110 — Implementation Plan for National Primary and Secondary Ambient Air Quality Standards

Enforcement conclusions (1)

• MARYSVILLE ETHANOL, LLCentered 2011-09-30

  Primary law: CAA

  Federal penalty: $50,000

Timeline (3 milestones)

• 2011-09-30Final Order Issued
• 2011-09-30Complaint Filed/Proposed Order
• 2011-10-03Enforcement Action Data Entered