EPA v. BADGER STATE ETHANOL, INC

Case summary

Badger owns and operates a fuel grade ethanol dry mill production facility at 820 West 17th Street, Monroe, Wisconsin (the Facility).The Facility includes two natural gas-fired dried distillers grains with soluble (DDGS) dryers (identified as Dryer A and Dryer B). Dryer A’s emissions are controlled by a Regenerative Thermal Oxidizer followed by a Thermal Oxidizer followed by a Waste Heat Boiler. Dryer B’s emissions are controlled by a Thermal Oxidizer followed by a Waste Heat Boiler. All emissions exhaust to stack S10. On January 5, 2005, the WDNR issued Air Pollution Control Operation Permit No. #123038080-F01 (FESOP) to Badger for the Facility. This FESOP expired on January 5, 2010. Badger applied for a renewal on June 24, 2009, and FESOP No. 123038080-F01 is active as WDNR has not acted upon the renewal permit application. Part I.A.5. of the FESOP Permit No. # 123038080-F01 prohibits Process P10 from emitting NOX in excess of 0.10 pound per million BTU heat input. On October 27, 2011, Badger submitted a quarterly CEMS report for July 1 through September 30, 2011. The 3rd quarter NOx emissions report submitted to EPA, showed that NOx emissions from Process P10 (Dryers A and B and the associated control equipment) were 0.113 lb per million BTU heat input based on the 30 day rolling averages from August 7 through September 8, 2011. Badger spent $196,600 for the root cause analysis and system upgrades to control NOx emissions. Under the terms of the settlement in the Consent Agreement and Final Order, Badger will pay a civil penalty of $39,650. Emissions Reductions Calculation: Pre-Compliance Period - Post-compliance Period = (0.119 lb NOx/mmBTu - 0.088 lb NOx/mmBtu) * 1,532,941 mmBtu/year = 0.031 lb Nox/mmBtu * 1,532,941 mmBtu/year = 47,521 lbs Nox/year Pre-compliance Emissions = 0.119 lb Nox/mmBtu from Q3/2011 CEM Report Post-compliance Emissions = 0.088 lb Nox/mmBtu from Q4/2012 CEM Report

Defendants (1)

• BADGER STATE ETHANOL, INCNamed 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
• CAA 110 — Implementation Plan for National Primary and Secondary Ambient Air Quality Standards

Enforcement conclusions (1)

• BADGER STATE ETHANOL, INCentered 2013-05-30

  Primary law: CAA

  Federal penalty: $39,650

Timeline (3 milestones)

• 2013-05-30Complaint Filed/Proposed Order
• 2013-05-30Final Order Issued
• 2013-06-05Enforcement Action Data Entered