EPA v. THE ANDERSONS ALBION ETHANOL, LLC

Case summary

Andersons owns and operates a fuel grade ethanol dry mill production facility at 26250 B Drive North, Albion, Michigan 49224 (the Facility). 1. On August 30, 2005, the Michigan Department of Environmental Quality (MDEQ) issued to Andersons a Permit to Install (PTI) #120-05 with conditions. PTI #120-05 has been updated and is currently titled PTI # 120-05E. 1. Andersons� PTI #120-05E establishes the following permit conditions: (a) The RTO & HRSG Emission Unit (FGOXID Emission Limit I.4) shall not emit more than 21.20 pounds of NOX per hour; (b) The Fermenters Emission Unit (FGFERM Emission Limit I.2) shall not emit more than 1.30 pound of Acetaldehyde per hour. On April 24, 2012, EPA issued a Request for Information to the Facility under Section 114 of the Act, 42 U.S.C. � 7414. On June 5, 2012, Andersons responded to EPA�s Request for Information. 1. Based on the information provided, EPA performed calculations using the hourly NOX emissions in pounds per million British Thermal Unit (lb/MMBtu) recorded by the continuous emissions monitoring system and hourly natural gas flow measured in MMBtu at the Facility, EPA has determined that, from November 8, 2007 through April 16, 2012, Andersons exceeded its permitted NOx emissions limit of 21.20 pounds per hour. Andersons exceeded its allowable emission limits for nitrogen oxides (21.20 lb/hour) and Acetaldehyde emissions (1.30 lb/hour) at the regenerative thermal oxidizers and heat recovery steam generator (RTO) and a fermentation CO2 Scrubber C-40, respectively. EPA discovered these violations through an inspection of the facility on July 19, 2011 and review of the requested information provided by Andersons. EPA is issuing the APO concurrently with the CAFO on this matter. Andersons� subsequent quarterly CEM reports demonstrated compliance with the PTI permit limit. This CAFO settles the matter for $75,040.

Defendants (1)

• THE ANDERSONS ALBION ETHANOL, LLCNamed in complaintNamed in settlement

Facilities (1)

• THE ANDERSONS RENEWABLES LLC

  26250 B DRIVE NORTH, ALBION, MI, 49224

  Registry ID: 110001843694

Statutes cited

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

Enforcement conclusions (1)

• THE ANDERSONS ALBION ETHANOL, LLCentered 2014-09-25

  Primary law: CAA

  Federal penalty: $75,040

Timeline (4 milestones)

• 2014-09-25Complaint Filed/Proposed Order
• 2014-09-25Final Order Issued
• 2014-09-25Enforcement Action Data Entered
• 2014-10-23Air Resolved