EPA v. HIGHWATER ETHANOL - ACO

Case summary

Highwater Ethanol, LLC (Highwater) owns and operates an ethanol production facility in Lamberton, Minnesota. The ethanol plant has four fermenters and one beer well (Fermentation Units). A carbon dioxide (CO2) scrubber controls volatile organic compounds (VOC) emissions from the Fermentation Units. The on-site inspection conducted by EPA using an optical gas imaging camera as well as audio, visual, and olfactory observations revealed uncaptured VOC emissions from the Fermentation Units from components on the top of Highwater's fermenters and beer well. Specifically, Highwater failed to: (1) properly maintain components that are part of the Fermentation Units, including pressure relief valves/vacuum breakers and agitators, that have the capacity to vent fermentation emissions uncontrolled directly to the atmosphere; (2) capture emissions from its Fermentation Units. Since at least June 29, 2018, Highwater emitted more than 10 pounds per hour of VOCs from the Fermentation Units; and (3) vent all emissions from the Fermentation Units to the CO2 scrubber. Highwater has implemented corrective action to mitigate the alleged violations, including: (1) replacement or rebuild of all pressure relief/vacuum breakers atop the fermenters and the beer well by August 21, 2018; (2) replacement of the vapor sealing barrier on the shaft of each agitator atop the fermenters and the beer well by August 22, 2018; and (3) initiated emission monitoring of pressure relief valves/vacuum breakers and agitators on March 12, 2019, to ensure compliance with the permit conditions. The ACO requires Highwater to comply with all applicable requirements of the Minnesota SIP and its Title V Permit, and implement a new ?Fermenter and Beer Well Program? for all components on top of the fermenters and beer well, including pressure relief and/or vacuum breaker valves, agitators, access doors (i.e. manways) and connectors. This new program requires Highwater to conduct monthly monitoring for leaks, timely repair leaks, conduct repair verification monitoring, and maintain an adequate supply of replacement parts. EPA kept MPCA informed of the settlement negotiations and worked with them on the requirements included in the ACO. Highwater will also apply for a modification of non-Title V Permit to incorporate the ACO requirements. The ACO addresses the violations set forth in the Notices of Violation/Findings of Violation issued to Highwater on March 15, 2019.

Defendants (1)

• HIGHWATER ETHANOLNamed in complaintNamed in settlement

Facilities (1)

• HIGHWATER ETHANOL LLC

  24500 US HIGHWAY 14, LAMBERTON, MN, 561521179

  Registry ID: 110039503089

Statutes cited

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

Enforcement conclusions (1)

• HIGHWATER ETHANOL - ACOentered 2019-06-19

  Primary law: CAA

Timeline (3 milestones)

• 2019-06-19Complaint Filed/Proposed Order
• 2019-06-19Final Order Issued
• 2019-06-28Enforcement Action Data Entered