Air Enforcement: Iowa Department of Natural Resources and Sioux Center Ethanol Plant Enter into Administrative Consent Order Addressing Alleged Violations

Mitchell, Williams, Selig, Gates & Woodyard, P.L.L.C.

Download PDF

The Iowa Department of Natural Resources (“IDNR”) and Siouxland Energy Cooperative (“SEC”) entered into a March 27th Administrative Consent Order (“ACO”) addressing alleged violations of an air permit. See No. 2023-AQ-09.

The ACO states that SEC was formed for the purpose of building, owning, and operating an ethanol plant near Sioux Center, Iowa.

SEC’s ethanol plant is stated to have the potential of producing 90 million gallons of ethanol annually.

A Construction Permit was issued to SEC in 2018 for a Corn Bin with control equipment in the form of a Bin Vent Filter at the plant.

The ACO also states that :

. . . According to the application for and conditions of Construction Permit No. 03-A-1298-S3, the Bin Vent Filter (Emission Point (EP) CBVF1) is the source of emissions to the outside atmosphere from the Corn Bin (Emission Unit (EU) BVF1).

The ethanol plant is stated to have failed to comply with certain provisions of the Construction Permit which include:

  • Failure to operate the Corn Bin with the required control equipment.
  • Failure to comply with the Construction Permit which requires the owner or operator to inspect and maintain the control equipment according to the manufacturer’s specifications.
  • Failure to comply with the Construction Permit which requires the owner or operator to keep records of control equipment inspection and maintenance.
  • Failure to comply with the Construction Permit which requires the owner or operator to report excess emissions.
  • Failure to report incidents of excess emissions.

IDNR staff are stated to have met with SEC and its consultants on November 16, 2022. SEC representatives stated that they were not aware that the control equipment in the form of the Bin Vent Filter was required by the Construction Permit. Further, they also stated they were not certain whether the Bin Vent Filter was ever installed or, if it was removed, when the removal occurred. The lack of knowledge is stated to have apparently been the result of personnel changes at the facility.

SEC provided to IDNR a Compliance Plan on December 30, 2022, proposing to install a Baghouse as control equipment on the Corn Bin. Further, on February 15, SEC is stated to have submitted a permit application to IDNR to install a Baghouse as control equipment on the Corn Bin. It is stated to be planned to be installed and operating by July 1, 2023.

A civil penalty of $10,000 is assessed.

A copy of the ACO can be downloaded here.

Written by:

Mitchell, Williams, Selig, Gates & Woodyard, P.L.L.C.
Contact
more
less

Mitchell, Williams, Selig, Gates & Woodyard, P.L.L.C. on:

Reporters on Deadline

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
Custom Email Digest
- hide
- hide