EPA v. PRIMARY PRODUCTS INGREDIENTS AMERICAS, LLC - APO/CAFO

Case summary

Primary Products Ingredients Americas LLC (d/b/a Primient) owns and operates a wet corn milling plant in Lafayette, Indiana. Primient operates two natural gas-fired stationary turbines ? designated as LA-84 and LA-85 ? both which utilize lean premix combustion technology. Neither turbine is equipped with an oxidation catalyst. Primient is subject to the National Emission Standards for Hazardous Air Pollutants for Stationary Turbines (NESHAP YYYY), which establishes a formaldehyde emission limit of 91 parts per billion volume (ppbv). Compliance with this standard must be demonstrated through annual formaldehyde emission testing and continuous parameter monitoring. Facilities that do not utilize an oxidation catalyst with their turbines are required to petition the Administrator to propose an alternative parameter monitoring approach. On August 23, 2022, Primient submitted its initial petition for alternative operating limits to the EPA. Following subsequent discussions, revised petitions were submitted on January 9, 2023, and again on September 7, 2023. To support the petition, formaldehyde emission testing was conducted on LA-84 on August 22, 2023. The testing aimed to demonstrate that the turbine could operate within the proposed load range of 0% and 100% while remaining in compliance with the formaldehyde emission standard. During the test, six sets of two 30-minute sampling runs were performed at turbine loads of 50%, 60%, 65%, 70%, and 85%. All sets, except one conducted at 85% load, exceeded the formaldehyde emission limit of 91 ppbv. Based on these results, Region 5 determined that the facility failed to comply with applicable NESHAP standard and, on May 22, 2024, issued a Finding of Violation (FOV). Primient retuned the turbine after exceedances occurred and claimed that fuel to air ratio was too high during testing. Subsequent emission testing for the LA-84 has been compliant with the formaldehyde emission standard. Primient also has to pay a civil penalty of $101,855. This action resolves the NESHAP YYYY violation.

Defendants (1)

• PRIMARY PRODUCTS INGREDIENTS AMERICASNamed in complaintNamed in settlement

Facilities (1)

• PRIMARY PRODUCTS INGREDIENTS AMERICAS, LLC

  3300 US HWY 52 S, LAFAYETTE, IN, 47905-7701

  Registry ID: 110070081932

Statutes cited

• CAA 112 — Hazardous Air Pollutants

Enforcement conclusions (1)

• PRIMARY PRODUCTS INGREDIENTS AMERICAS, LLC - APO/CAFOentered 2026-01-15

  Primary law: CAA

  Federal penalty: $101,855

Timeline (5 milestones)

• 2026-01-15Final Order Issued
• 2026-01-15Complaint Filed/Proposed Order
• 2026-01-20Enforcement Action Data Entered
• 2026-01-26Air Resolved
• 2026-01-26Enforcement Action Closed