MPCA fines Agri-Energy for air quality and record-keeping violations

The Minnesota Pollution Control Agency announced last week that it had fined Agri-Energy, LLC, $34,000 for exceeding air pollutant emissions and failing to keep required equipment testing and maintenance records.
According to the MPCA enforcement investigation, the violations occurred in July 2019 when the Luverne ethanol production facility failed emission stack tests.
Violations included:
•Cooling cyclone exceeded “very small” particulate matter” (PM2.5) by more than twice the permitted limit.
•Thermal oxidizer exceeded sulfur dioxide by seven times the permitted limit.
•Cracked corn dust collector exceeded small (PM10) and very small (PM2.5) particulate matter by more than four times the permitted limit.
•Dry FRAC dust collector exceeded small (PM10) and very small (PM2.5) particulate matter by more than 1½ times the permitted limit.
In addition to paying a $34,000 civil penalty to the MPCA, Agri-Energy has completed a series of corrective actions, including:
•Completed performance emission stack retests for PM10, and PM2.5, on their cracked corn dust collector and dry FRAC dust collector.
•Submitted a complete major amendment application to increase PM2.5 limits on their cooling cyclone, and sulfur dioxide limits on their thermal oxidizer.
•Submitted an updated operation and maintenance plan for proper recording of daily visual emissions, weekly roadway and periodic inspection records.
“Rules and regulations are designed to protect human health and the environment by limiting pollution emissions and discharges from facilities,” MPCA officials said in a statement released Sept. 1.
“When companies do not fully comply with regulatory requirements, the resulting pollution can be harmful to people and the environment.”
When reached by email on Sept. 6, Agri-Energy officials said the matter had been resolved.
“Agri-Energy is committed to environmental protection,” said Agri-Energy’s Staci Bogue-Buchholz, site and optimization leader for the Luverne facility.
“Accordingly, the company resolved this matter and worked in cooperation with MPCA to protect the state and local community’s interests and comply with Minnesota law and all permit obligations.”
When calculating penalties, the MPCA considers how seriously the violations affected or could have affected the environment, and whether they were first-time or repeat violations.
The agency also attempts to recover the economic benefit the company gained by failing to comply with environmental laws in a timely manner.
MPCA spokesman Stephen Mikkelson said Monday that the delay between the investigation and penalties was due to the nature of a “stipulated agreement,” in this case.
Essentially, it required a series of meetings to arrive at a negotiated settlement for penalties and actions.
He added that the violations had stopped in 2019 and that no one had been harmed.
“It was more about the potential,” Mikkelson said. “What occurred was not found to have been a lasting impact in the area, but had it continued unchecked there could have been potential for harm.”
Incidentally, and unrelated to the MPCA action, the plant laid off 14 people as it is no longer producing ethanol or isobutanol on a commercial scale.
The Luverne site will instead serve as a research, development and training facility as the company moves operations to its new “Net Zero 1” facility in Lake Preston, South Dakota.