EPA v. AVENTINE RENEWABLE ENERGY -MT. VERNON

Case summary

The U.S. Environmental Protection Agency (EPA), Region 5, is issuing a Consent Agreement and Final Order (CAFO) and under the Clean Air Act to Aventine Renewable Energy, Mt. Vernon, Indiana (Aventine). Aventine violated conditions specified in their federally-enforceable Title V Permit and Section 112 of the CAA, 42 U.S.C. ? 7412, and the implementing National Emission Standards for Hazardous Air Pollutants at 40 C.F.R. Part 63, Subpart FFFF for Miscellaneous Organic Chemical Manufacturing. Specifically, Aventine failed to meet federally-enforceable permit limits for the emissions of nitrogen oxides and particulate matter. Aventine failed to maintain permit required operating parameters on pollution control equipment that may have contributed to emissions of volatile organic compounds above permit limits. Aventine allowed uncontrolled emissions of acetaldehyde, a hazardous air pollutant, from their fermentation process. EPA discovered these violations while inspecting the facility on September 29, 2011, and after reviewing data acquired from Aventine via an information request. On September 18, 2012, EPA issued a Notice and Finding of Violation (NOV/FOV) to Aventine for these violations. Subsequently, Aventine demonstrated that it has made efforts to come into compliance. Specifically, Aventine repaired pertinent pollution control equipment associated with the violations. These repairs mitigated emissions of approximately 540 tons per year (TPY) of volatile organic carbon and six TPY of hazardous air pollutants. The facility also shut down for business reasons on February 13, 2012. The facility shutdown has mitigated many of the counts listed in the NOV/FOV. The facility was subsequently sold to a third party that plans to reopen the facility. Based on its review of the information provided by Aventine, EPA proposed a penalty of $119,900 based on the Clean Air Act Stationary Source Penalty Policy. Aventine has accepted the proposed penalty and has entered into a CAFO which will resolve this matter.

Defendants (1)

• AVENTINE RENEWABLE ENERGY -MT. VERNONNamed in complaintNamed in settlement

Facilities (1)

• VALERO RENEWABLE FUELS CO LLC DBA VALERO MT VERNON PLANT

  7201 PORT RD, MOUNT VERNON, IN, 47620-8524

  Registry ID: 110043222982

Statutes cited

• CAA 112D — MACT Standards
• CAA 502 — Operating Permits (Title V)
• CAA 110 — Implementation Plan for National Primary and Secondary Ambient Air Quality Standards

Enforcement conclusions (1)

• AVENTINE RENEWABLE ENERGY -MT. VERNONentered 2014-08-19

  Primary law: CAA

  Federal penalty: $119,900

Timeline (4 milestones)

• 2014-08-19Final Order Issued
• 2014-08-19Complaint Filed/Proposed Order
• 2014-09-02Enforcement Action Data Entered
• 2014-09-04Air Resolved