MILTON — The Wisconsin Department of Natural Resources has named United Ethanol a “high-priority violation” after finding hundreds of violations of the plant’s permit.
An inspection report released earlier this month by Brian Barbieur, air management engineer, recommends the DNR refer the case to the Wisconsin Department of Justice for fines and forfeitures.
“This is a very serious case in our view,” said Eileen Pierce, DNR regional air and waste leader.
United Ethanol does not agree with all of the DNR’s characterizations, Dori Lichty, a spokeswoman for the plant, wrote in an e-mail to The Janesville Gazette. Some parts of the report refer to matters the plant already has fixed, and the plant is working to fix other problems, she wrote.
The 60-page report details each item in the plant’s permit and the plant’s compliance status through Feb. 29. Of 371 items in the permit, the plant was found to be out of compliance with 178.
“The facility was not constructed in accordance with the permit or permit application,” the report concludes. “The permittee did not install all process equipment consistent with the permit of application.
“The permittee did not install all pollution control devices prior to operation. The permittee did not inspect any pollution control devices prior to operation. The permittee has not operated in accordance with the permit.”
Pierce said a high-priority violation designation sets in motion actions prescribed by the federal Clean Air Act. The DNR has 60 days to issue a notice of violation and 270 days to either bring the plant back to compliance or refer the case to the Department of Justice. If the DNR doesn’t meet the deadlines, the U.S. Environmental Protection Agency could take over the case.
But Pierce expects the DNR to take action quicker than that, she said.
“I expect timely action, and we’re not waiting 60 days,” she said.
In most cases, the DNR would resolve the issue by sending a notice of violation and asking the plant to correct the problems, but Barbieur, the engineer who handled the report, believes this case is serious enough to send it to the Department of Justice, Pierce said. The action would require approval of the DNR secretary, Matthew Frank, she said.
According to Wisconsin air quality statutes, the Department of Justice could fine the plant between $10,000 and $25,000 per day for each offense, Pierce said.
The Clean Air Act also includes provisions for residents to bring suit against plants in federal court in certain situations.
In February, the DNR notified the plant it had tested over the limit in October for emissions of particulate matter, volatile organic compounds and nitrogen oxide.
Volatile organic compounds are pollutant gasses. Particulate matter is extremely small particles and liquid droplets made up of acids, chemicals, metals, soil or dust.
At the time, the plant said it had corrected the problem that caused the high emissions.
The plant was retested June 3 and 4, but the results aren’t yet available, Pierce said.
The plant hopes to install a new regenerative thermal oxidizer to fix some of the problems in the report, but it’s waiting for permission from the DNR, Lichty wrote.
“United Ethanol maintains regular communication with the DNR, and … employees are working hard to operate the facility according to our permit to stay in compliance,” she wrote.
The DNR is reviewing the permit application and hopes to open a 30-day public comment session on it in mid-July, Pierce said.
Plant neighbors have been following the DNR’s actions and are concerned about the inspection results, said Ginny Goodman, who lives near Milton’s Eastside Industrial Park that houses the plant.
“I feel like from the very beginning we had concerns and issues, and I feel that (the plant) might have addressed some of them,” she said. “But from the very beginning, it wasn’t done correctly. Just by reading that DNR report, you can see that for yourself.”
Goodman and others are concerned about possible health risks from plant emissions, she said. Neighbors need to keep questioning the way the plant is operating, she said.
“The building is there,” she said. “We just want it to run properly, to be in compliance.”