EPA v. US ENERGY PARTNERS, LLC

Case summary

THIS CASE IS PART OF THE NATIONAL ENFORCEMENT INITIATIVE INVOLVING ETHANOL PLANTS. U.S. ENERGY, LOCATED IN RUSSELL, KANSAS, IS A SMALL DRY CORN MILL PLANT THAT PRODUCES ETHANOL. U.S. ENERGY RECEIVES WHOLE CORN WHICH IS THEN MILLED, COOKED, AND FERMENTED. AFTER FERMENTATION, THE RAW PRODUCT IS DISTILLED TO PRODUCE ETHANOL. IN THE COURSE OF THESE MANUFACTURING ACTIVITIES SIGNIFICANT QUANTITIES OF PARTICULATE MATTER (PM), PARTICULATE MATTER AT OR BELOW 10 MICRONS (PM10), CARBON MONOXIDE (CO), VOLATILE ORGANIC COMPOUNDS (VOCS), NITROGEN OXIDES (NOX) AND OTHER POLLUTANTS, INCLUDING HAZARDOUS AIR POLLUTANTS (HAPSS) ARE PRODUCED. THE PRIMARY SOURCES OF THESE EMISSIONS ARE FEED DRYERS, FERMENTATION UNITS, A COOLING CYCLONE, ETHANOL LOAD-OUT SYSTEMS, AND THE FUGITIVE EMISSIONS FROM FACILITY OPERATIONS, INCLUDING ROADS. THE U.S. ENERGY FACILITY IS LOCATED IN A NATIONAL AMBIENT AIR QUALITY STANDARDS (NAAQS) ATTAINMENT AREA FOR ALL POLLUTANTS AND THE PSD RULES APPLY TO ALL CONSTRUCTION ACTIVITIES WITHIN THAT AREA. UNDER THE PSD REGULATIONS, SOURCES MUST OBTAIN A PSD PERMIT PRIOR TO COMMENCEMENT OF CONSTRUCTION OF ANY MAJOR SOURCE OR ANY MAJOR MODIFICATION TO A MAJOR PSD SOURCE, AS DEFINED BY 40 C.F.R. ý 52.21. AMONG OTHER REQUIREMENTS, A SOURCE SUBJECT TO PSD MUST INSTALL POLLUTION CONTROL EQUIPMENT THAT CONSTITUTES THE BEST AVAILABLE CONTROL TECHNOLOGY OR BACT. THE CONSTRUCTION OF THE U.S. ENERGY PLANT WAS A VIOLATION THE PSD REGULATIONS BECAUSE IT WAS A MAJOR SOURCE, THAT WAS CONSTRUCTED PRIOR TO RECEIVING A PSD PERMIT. EPA ALLEGES THAT U.S. ENERGY VIOLATED THE PREVENTION OF SIGNIFICANT DETERIORATION (PSD) REQUIREMENTS AT PART C OF SUBCHAPTER I OF THE CLEAN AIR ACT, 42 U.S.C. ýý 7470 THROUGH 7479, AND THE REGULATIONS PROMULGATED THEREUNDER AT 40 C.F.R. ý 52.21; NEW SOURCE PERFORMANCE STANDARDS (NSPS) 40 C.F.R. PART 60, SUBPARTS DC, KB, AND VV; AND, NATIONAL EMISSIONS STANDARDS FOR HAZARDOUS AIR POLLUTANTS, (NESHAP) 40 C.F.R. PART 63, PURSUANT TO SECTIONS 112(D) AND 112(G) OF THE CLEAN AIR ACT.

Defendants (1)

• US ENERGY PARTNERS, LLCNamed in complaintNamed in settlement

Facilities (4)

• PUREFIELD INGREDIENTS LLC (1224 EAST)(AIR)

  1224 E 15TH ST, RUSSELL, KS, 676652257

  Registry ID: 110016688011

• PUREFIELD INGREDIENTS LLC (1224 EAST)(AIR)

  1224 E 15TH ST, RUSSELL, KS, 676652257

  Registry ID: 110016688011

• PUREFIELD INGREDIENTS LLC (1224 EAST)(AIR)

  1224 E 15TH ST, RUSSELL, KS, 676652257

  Registry ID: 110016688011

• PUREFIELD INGREDIENTS LLC (1224 EAST)(AIR)

  1224 E 15TH ST, RUSSELL, KS, 676652257

  Registry ID: 110016688011

Statutes cited

• CAA 112D — MACT Standards
• CAA 110 — Implementation Plan for National Primary and Secondary Ambient Air Quality Standards

Enforcement conclusions (1)

• US ENERGY PARTNERS, LLCentered 2005-03-30

  Primary law: CAA

  Federal penalty: $15,000 · State/local: $15,000

Timeline (7 milestones)

• 2003-09-30Referred To Dept Of Justice
• 2003-10-08Enforcement Action Data Entered
• 2005-01-13Final Order Lodged
• 2005-01-13Complaint Filed With Court
• 2005-03-30Final Order Entered
• 2006-01-19Enforcement Action Closed
• 2006-01-19Pipeline Closed