EPA v. ARCHER DANIELS MIDLAND CO. (ADM), CEDAR RAPIDS & DES MOINES

Case summary

A FULL LITIGATION PACKAGE WAS SENT BUT THE REGION REQUEST CONCURRENCE TO ENGAGE IN SETTLEMENT NEGOTIATIONS IN ACCORDANCE WITH THE PRE-REFERRAL PROCESS. THE CASE INVOLVES VIOLATION SOF THE NEW SOURCE PERFOMANCE STANDARDS (NSPS) SUBPART DB AND SUBPART D, PREVENTION OF SIGNIFICANT DETERIORATION (PSD) PERMIT REQUIREMENTS, SECTION 114 ORDER REQUIREMENTS, AND REQUIREMENTS OF STATE-ISSUED (FEDERALLY ENFORCEABLE) PERMITS. THE DEFENDANT IS ARCHER DANIELS MIDLAND COMPANY (ADM), A LARGE AGRICULTURAL CORPORATION WHICH OPERATES MANY FACILITIES IN IOWA AND ELSEWHERE. ADM CONSTRUCTED AND COMMENCED OPERATION OF ELECTRICITY AND STEAM COGENERATION FACILITIES AT TWO EXISTING PLANTS LOCATED IN DES MOINES AND CEDAR RAPIDS. THESE CONSTRUCTION PROJECTS CONSTITUTE MAJOR MODIFICATIONS TO EXISTING MAJOR STATIONARY SOURCES OF AIR POLLUTION AND ARE SUBJCET TO NSPS AND PSD REQUIREMENTS. THE CASE INVOLVES STATUTORY AND REGULATORY PROVISIONS OF CLEAN AIR ACT, 42, U.S.C. SECTIONS 7411, 7413, 7414, 7470, 40 C.F.R. SECTIONS 52.21, 60.40B ET SEQ. AND 60.40 ET SEQ. ADM CONSTRUCTED NEW BOILERS AT EXISTING PLANTS IN DES MOINES AND CEDAR RAPIDS AND FAILED TO COMPLY WITH EMISSIONS TESTING, RECORDKEEPING, REPORTING, CONTINUOUS EMISSIONS MONITORING REQUIREMENTS, AND POLLUTANT EMISSION LIMITS AT BOTH FACILITIES, IN VIOLATION OF THE PROVISIONS SET FORTH IN THE PREVIOUS PARAGRAPH. IN THIS ACTION WE SEEK INJUCTIVE RELIEF REQUIRING COMPLIANCE AND A CIVIL PENALTY FOR VIOLATIONS THAT HAVE OCCURRED. ALTHOUGH WE HAVE ATTEMPTED TO NEGOTIATE WITH ADM, SETTLEMENT PRIOR TO FILING A COMPLAINT HAS BECOME DOUBTFUL IN THAT THE CIVIL PENALTY FIGURE OFFERED IN SETTLEMENT BY ADM IS FAR BELOW THE SETTLEMENT FIGURE CALCULATED PURSUANT TO THE APPLICABLE EPA PENALTY POLICY.

Defendants (2)

• ARCHER DANIELS MIDLAND CO. - CEDAR RAPIDNamed in complaintNamed in settlement
• ARCHER DANIELS MIDLAND CO. - DES MOINESNamed in complaintNamed in settlement

Facilities (4)

• ARCHER DANIELS MIDLAND CORN PROCESSING

  1350 WACONIA AVE. S.W., CEDAR RAPIDS, IA, 52404

  Registry ID: 110010507503

• ARCHER DANIELS MIDLAND CORN PROCESSING

  1350 WACONIA AVE. S.W., CEDAR RAPIDS, IA, 52404

  Registry ID: 110010507503

• ARCHER DANIELS MIDLAND SOYBEAN PROCESSING

  1935 E. EUCLID AVE., DES MOINES, IA, 503160385

  Registry ID: 110067425799

• ARCHER DANIELS MIDLAND SOYBEAN PROCESSING

  1935 E. EUCLID AVE., DES MOINES, IA, 503160385

  Registry ID: 110067425799

Statutes cited

• CAA 114 — Record keeping, Inspection, Information Request
• CAA 111 — New Source Performance Standards

Enforcement conclusions (1)

• UNITED STATES V. ADMentered 1994-09-07

  Primary law: CAA

  Federal penalty: $700,000

Timeline (10 milestones)

• 1989-05-19Enforcement Action Data Entered
• 1990-08-06PRN Sent
• 1991-09-30Referred To Dept Of Justice
• 1991-10-08Returned To Region
• 1993-10-01Rereferred
• 1994-07-06Complaint Filed With Court
• 1994-09-07Final Order Lodged
• 1994-09-07Final Order Entered
• 1994-09-07Concluded
• 1996-09-07Enforcement Action Closed