Exhibit 10.30


 


STATE OF MINNESOTA

MINNESOTA POLLUTION CONTROL AGENCY


 




	
  IN THE MATTER OF:

  	
  American Crystal

  Sugar Company

  	
  STIPULATION AGREEMENT

  






 


Part 1.                                                           PARTIES.  This Stipulation Agreement (“Agreement”)
applies to and is binding upon the following parties:


 


a.                                       American
Crystal Sugar Company, (“Regulated Party”); and


 


b.                                      The
Minnesota Pollution Control Agency (“MPCA”).


 


Unless specified otherwise in this Agreement, where this Agreement
identifies actions to be taken by the MPCA, the Commissioner or the Commissioner’s
designees shall act on the MPCA’s behalf.


 


Part 2.                                                           PURPOSE
AND SCOPE OF STIPULATION AGREEMENT. The purpose of this Agreement is to
resolve the alleged violations set out in Part 7 of this Agreement by
specifying actions the Regulated Party agrees to undertake. By entering into
this Agreement, the Regulated Party is settling a disputed matter between
itself and the MPCA and does not admit that the alleged violations set out in
Part 7 of this Agreement occurred. The Regulated Party agrees, however, that
the MPCA may rely upon the alleged violations set out in Part 7 as provided in
Part 12 of this Agreement. Except for the purposes of implementing and
enforcing this Agreement, nothing in this Agreement constitutes an admission by
either Party, or creates rights, substantive or procedural, that can be
asserted or enforced with respect to any claim of or legal action brought by a
person who is not a party to this Agreement.


 


Part 3.                                                           AUTHORITY.
This Agreement is entered under the authority vested in the MPCA by Minnesota
Statutes Chapters 115 and 116.


 


1

















 


Part 4.                                                           DEFINITIONS.
Unless otherwise explicitly stated, the definitions in Minnesota Statutes
Chapters 115, 115B, 115C, 116, 116B and in Minnesota Rules Chapters 7000 to
7150 apply, as appropriate, to the terms used in this Agreement.


 


Part 5.                                                           BACKGROUND.
The following is the background of this Agreement:


 


a.                                       The
Regulated Party operates three sugar beet processing factories located in
Crookston, Polk County, Minnesota; East Grand Forks, Polk County, Minnesota;
and Moorhead, Clay County, Minnesota hereafter as “Crookston”, “East Grand
Forks” and “Moorhead”.


 


CROOKSTON


 


b.                                      Minn.
R. 7009.0080, establishes the state ambient air quality standard for Hydrogen Sulfide
(H2S). The state ambient air quality standard for H2S is
0.05 parts per million (ppm) as a half hour average not to be exceeded more
than twice per year and 0.03 ppm as a half hour average not to be exceeded more
than twice in any five consecutive days.


 


c.                                       Air
Emission Permit No. 11900001-023, Part 6.6, requires the Crookston facility to
demonstrate compliance with the H2S standard by establishing an H2S
monitoring network to measure the ambient concentration of H2S
coming from the facility.


 


d.                                      The
Regulated Party collected H2S data from May 27, 1999, through
September 30, 1999. The following tables summarize the readings above the
standard documented during the monitoring period:


 


2

















 


1999 CROOKSTON READINGS ABOVE 0.03 PPM
STANDARD


 




	
  DATES

  	
   

  	
  # of
  Readings Above

  Standard

  	
   

  	
  AVERAGE

  	
   

  
	
  5/27/99-5/31/99

  	
   

  	
  26

  	
   

  	
  37 ppb

  	
   

  
	
  6/2/99-6/6/99

  	
   

  	
  61

  	
   

  	
  39 ppb

  	
   

  
	
  6/7/99-6/11/99

  	
   

  	
  35

  	
   

  	
  42 ppb

  	
   

  
	
  6/19/99-6/23/99

  	
   

  	
  30

  	
   

  	
  34 ppb

  	
   

  
	
  6/25/99-6/29/99

  	
   

  	
  24

  	
   

  	
  39 ppb

  	
   

  
	
  7/3/99-7/7/99

  	
   

  	
  36

  	
   

  	
  40 ppb

  	
   

  
	
  7/8/99-7/12/99

  	
   

  	
  15

  	
   

  	
  38 ppb

  	
   

  
	
  7/13/99-7/17/99

  	
   

  	
  30

  	
   

  	
  39 ppb

  	
   

  
	
  7/18/99-7/22/99

  	
   

  	
  9

  	
   

  	
  37 ppb

  	
   

  
	
  8/25/99-8/29/99

  	
   

  	
  1

  	
   

  	
  42 ppb

  	
   

  
	
  9/2/99-9/6/99

  	
   

  	
  1

  	
   

  	
  50 ppb

  	
   

  
	
  9/7/99-9/11/99

  	
   

  	
  14

  	
   

  	
  42 ppb

  	
   

  
	
  9/11/99-9/15/99

  	
   

  	
  11

  	
   

  	
  41 ppb

  	
   

  
	
  9/15/99-9/19/99

  	
   

  	
  6

  	
   

  	
  38 ppb

  	
   

  
	
  9/20/99-9/24/99

  	
   

  	
  16

  	
   

  	
  36 ppb

  	
   

  






 


1999 CROOKSTON READINGS ABOVE 0.05 PPM
STANDARD


 




	
  DATES

  	
   

  	
  # of
  Readings Above

  Standard

  	
   

  	
  AVERAGE

  	
   

  
	
  5/30/99

  	
   

  	
  6

  	
   

  	
  60 ppb

  	
   

  
	
  6/3/99-6/6/99

  	
   

  	
  14

  	
   

  	
  60 ppb

  	
   

  
	
  6/8/99-6/9/99

  	
   

  	
  12

  	
   

  	
  69 ppb

  	
   

  
	
  6/10/99-6/11/99

  	
   

  	
  3

  	
   

  	
  72 ppb

  	
   

  
	
  6/25/99-6/26/99

  	
   

  	
  4

  	
   

  	
  56 ppb

  	
   

  
	
  7/3/99-7/7/99

  	
   

  	
  11

  	
   

  	
  64 ppb

  	
   

  
	
  7/8/99-7/9/99

  	
   

  	
  8

  	
   

  	
  63 ppb

  	
   

  
	
  7/12/99

  	
   

  	
  6

  	
   

  	
  59 ppb

  	
   

  
	
  7/14/99-7/15/99

  	
   

  	
  11

  	
   

  	
  63 ppb

  	
   

  
	
  9/4/99

  	
   

  	
  1

  	
   

  	
  51 ppb

  	
   

  
	
  9/10/99-9/14/99

  	
   

  	
  34

  	
   

  	
  73 ppb

  	
   

  
	
  9/15/99-9/16/99

  	
   

  	
  25

  	
   

  	
  71 ppb

  	
   

  
	
  9/17/99

  	
   

  	
  27

  	
   

  	
  83 ppb

  	
   

  
	
  9/20/99-9/21/99

  	
   

  	
  3

  	
   

  	
  56 ppb

  	
   

  






 


3

















 


e.                                       The
Regulated Party collected H2S data from April 2000, through October
2000. The following tables summarize the readings above the standard documented
during the monitoring period:


 


2000 CROOKSTON READINGS ABOVE 0.03 PPM
STANDARD


 




	
  DATES

  	
   

  	
  # of
  Readings Above

  Standard

  	
   

  	
  AVERAGE

  	
   

  
	
  4/1/00 –
  4/6/00

  	
   

  	
  17

  	
   

  	
  48.3

  	
   

  
	
  4/20/00 –
  4/25/00

  	
   

  	
  67

  	
   

  	
  37.8

  	
   

  
	
  4/26/00 –
  5/1/00

  	
   

  	
  43

  	
   

  	
  43.7

  	
   

  
	
  5/4/00 –
  5/9/00

  	
   

  	
  3

  	
   

  	
  44

  	
   

  
	
  5/12/00 –
  5/17/00

  	
   

  	
  10

  	
   

  	
  40.6

  	
   

  
	
  5/20/00 –
  5/25/00

  	
   

  	
  22

  	
   

  	
  49.4

  	
   

  
	
  5/29/00 –
  6/3/00

  	
   

  	
  4

  	
   

  	
  42.6

  	
   

  
	
  6/4/00 –
  6/9/00

  	
   

  	
  3

  	
   

  	
  50

  	
   

  
	
  6/12/00 –
  6/17/00

  	
   

  	
  22

  	
   

  	
  49.5

  	
   

  
	
  6/17/00 –
  6/22/00

  	
   

  	
  86

  	
   

  	
  50

  	
   

  
	
  6/22/00 –
  6/27/00

  	
   

  	
  33

  	
   

  	
  49.4

  	
   

  
	
  6/28/00 –
  7/3/00

  	
   

  	
  52

  	
   

  	
  50

  	
   

  
	
  7/8/00 –
  7/13/00

  	
   

  	
  36

  	
   

  	
  48.3

  	
   

  
	
  7/13/00 –
  7/18/00

  	
   

  	
  32

  	
   

  	
  48.5

  	
   

  
	
  7/20/00 –
  7/25/00

  	
   

  	
  3

  	
   

  	
  50

  	
   

  
	
  7/26/00 –
  7/31/00

  	
   

  	
  5

  	
   

  	
  50

  	
   

  
	
  7/31/00 –
  8/5/00

  	
   

  	
  6

  	
   

  	
  39.6

  	
   

  
	
  8/5/00 –
  8/13/00

  	
   

  	
  45

  	
   

  	
  38.4

  	
   

  
	
  8/13/00 –
  8/18/00

  	
   

  	
  50

  	
   

  	
  39.1

  	
   

  
	
  8/18/00 –
  8/23/00

  	
   

  	
  25

  	
   

  	
  38

  	
   

  
	
  8/24/00 –
  8/29/00

  	
   

  	
  1

  	
   

  	
  34

  	
   

  
	
  9/6/00 –
  9/11/00

  	
   

  	
  2

  	
   

  	
  33.5

  	
   

  
	
  9/15/00 –
  9/20/00

  	
   

  	
  1

  	
   

  	
  31

  	
   

  
	
  10/18/00 –
  10/23/00

  	
   

  	
  1

  	
   

  	
  37

  	
   

  






 


4

















 


2000 CROOKSTON READINGS ABOVE 0.05 PPM
STANDARD


 




	
  DATES

  	
   

  	
  # of
  Readings Above

  Standard

  	
   

  	
  AVERAGE

  	
   

  
	
  8/6/00 –
  8/7/00

  	
   

  	
  2

  	
   

  	
  88.5

  	
   

  
	
  8/8/00 –
  8/9/00

  	
   

  	
  4

  	
   

  	
  88.2

  	
   

  
	
  8/10/00 –
  8/12/00

  	
   

  	
  24

  	
   

  	
  75.7

  	
   

  
	
  8/13/00 –
  8/15/00

  	
   

  	
  17

  	
   

  	
  77.8

  	
   

  
	
  8/17/00 –
  8/18/00

  	
   

  	
  6

  	
   

  	
  57.8

  	
   

  
	
  8/19/00 –
  8/22/00

  	
   

  	
  14

  	
   

  	
  81.8

  	
   

  
	
  8/24/00 –
  8/25/00

  	
   

  	
  3

  	
   

  	
  90

  	
   

  
	
  8/27/00 –
  8/28/00

  	
   

  	
  10

  	
   

  	
  90

  	
   

  
	
  8/29/00 –
  8/30/00

  	
   

  	
  6

  	
   

  	
  90

  	
   

  
	
  9/1/00

  	
   

  	
  6

  	
   

  	
  90

  	
   

  
	
  9/4/00

  	
   

  	
  1

  	
   

  	
  90

  	
   

  
	
  9/7/00 –
  9/9/00

  	
   

  	
  6

  	
   

  	
  90

  	
   

  
	
  9/10/00

  	
   

  	
  5

  	
   

  	
  90

  	
   

  
	
  9/13/00

  	
   

  	
  2

  	
   

  	
  90

  	
   

  
	
  9/15/00

  	
   

  	
  1

  	
   

  	
  90

  	
   

  
	
  9/16/00 –
  9/18/00

  	
   

  	
  23

  	
   

  	
  90

  	
   

  
	
  9/28/00 –
  9/30/00

  	
   

  	
  17

  	
   

  	
  90

  	
   

  
	
  10/10/00 –
  10/13/00

  	
   

  	
  20

  	
   

  	
  88.3

  	
   

  
	
  10/18/00 –
  10/19/00

  	
   

  	
  14

  	
   

  	
  90

  	
   

  
	
  10/23/00 –
  10/26/00

  	
   

  	
  16

  	
   

  	
  90

  	
   

  






 


5

















 


f.                                         The
Regulated Party collected H2S data from April 2001, through October
2001. The following tables summarize the readings above the standard documented
during the monitoring period:


 


2001 CROOKSTON READINGS ABOVE THE 0.03 PPM
STANDARD


 




	
  DATES

  	
   

  	
  # of
  Readings Above 0.03

  Standard

  	
   

  	
  AVERAGE

  	
   

  
	
  4/6/01 –
  4/11/01

  	
   

  	
  17

  	
   

  	
  39.6

  	
   

  
	
  4/12/01 –
  4/17/01

  	
   

  	
  9

  	
   

  	
  41.3

  	
   

  
	
  4/18/01 –
  4/23/01

  	
   

  	
  2

  	
   

  	
  34.5

  	
   

  
	
  4/23/01 –
  4/28/01

  	
   

  	
  25

  	
   

  	
  43.2

  	
   

  
	
  4/29/01 –
  5/4/01

  	
   

  	
  24

  	
   

  	
  42

  	
   

  
	
  5/4/01
  –5/9/01

  	
   

  	
  40

  	
   

  	
  39.1

  	
   

  
	
  5/9/01 –
  5/14/01

  	
   

  	
  52

  	
   

  	
  37.7

  	
   

  
	
  5/15/01 –
  5/20/01

  	
   

  	
  36

  	
   

  	
  37.9

  	
   

  
	
  5/20/01 –
  5/25/01

  	
   

  	
  41

  	
   

  	
  39.9

  	
   

  
	
  5/27/01 –
  6/1/01

  	
   

  	
  54

  	
   

  	
  40

  	
   

  
	
  6/2/01 –
  6/7/01

  	
   

  	
  85

  	
   

  	
  40.1

  	
   

  
	
  6/7/01 –
  6/12/01

  	
   

  	
  29

  	
   

  	
  37.5

  	
   

  
	
  6/13/01 –
  6/18/01

  	
   

  	
  48

  	
   

  	
  40.3

  	
   

  
	
  6/21/01 –
  6/26/01

  	
   

  	
  16

  	
   

  	
  37.3

  	
   

  
	
  6/28/01 –
  7/3/01

  	
   

  	
  1

  	
   

  	
  31

  	
   

  
	
  7/18/01 –
  7/23/01

  	
   

  	
  1

  	
   

  	
  42

  	
   

  
	
  7/26/01 –
  7/31/01

  	
   

  	
  10

  	
   

  	
  39.9

  	
   

  
	
  8/3/01 –
  8/8/01

  	
   

  	
  40

  	
   

  	
  38.5

  	
   

  
	
  8/8/01 –
  8/13/01

  	
   

  	
  2

  	
   

  	
  36.5

  	
   

  
	
  8/22/01 –
  8/27/01

  	
   

  	
  14

  	
   

  	
  41.8

  	
   

  
	
  8/29/01 –
  9/3/01

  	
   

  	
  6

  	
   

  	
  37.6

  	
   

  
	
  9/4/01 –
  9/9/01

  	
   

  	
  7

  	
   

  	
  43

  	
   

  
	
  9/15/01 –
  9/20/01

  	
   

  	
  9

  	
   

  	
  41.3

  	
   

  
	
  9/20/01 – 9/25/01

  	
   

  	
  7

  	
   

  	
  32.8

  	
   

  
	
  9/25/01 –
  9/30/01

  	
   

  	
  37

  	
   

  	
  37.2

  	
   

  
	
  10/1/01 –
  10/6/01

  	
   

  	
  11

  	
   

  	
  37.4

  	
   

  
	
  10/31/01

  	
   

  	
  2

  	
   

  	
  31

  	
   

  






 


6

















 


2001 CROOKSTON READINGS ABOVE THE 0.05 PPM
STANDARD


 




	
  DATES

  	
   

  	
  # of
  Readings Above

  0.05 Standard

  	
   

  	
  AVERAGE

  	
   

  
	
  4/7/01

  	
   

  	
  5

  	
   

  	
  80.2

  	
   

  
	
  4/9/01

  	
   

  	
  1

  	
   

  	
  54

  	
   

  
	
  4/23/01 –
  5/1/01

  	
   

  	
  225

  	
   

  	
  86.1

  	
   

  
	
  5/3/01 –
  5/10/01

  	
   

  	
  202

  	
   

  	
  86.4

  	
   

  
	
  5/11/01 –
  5/16/01

  	
   

  	
  172

  	
   

  	
  88.7

  	
   

  
	
  5/18/01 –
  5/22/01

  	
   

  	
  55

  	
   

  	
  75.6

  	
   

  
	
  5/27/01 –
  6/1/01

  	
   

  	
  71

  	
   

  	
  66.5

  	
   

  
	
  6/4/01 –
  6/18/01

  	
   

  	
  283

  	
   

  	
  78.6

  	
   

  
	
  6/20/01 –
  6/21/01

  	
   

  	
  5

  	
   

  	
  75

  	
   

  
	
  6/25/01 –
  6/26/01

  	
   

  	
  11

  	
   

  	
  77.7

  	
   

  
	
  7/21/01 –
  7/22/01

  	
   

  	
  9

  	
   

  	
  90

  	
   

  
	
  8/3/01 –
  8/5/01

  	
   

  	
  22

  	
   

  	
  63.8

  	
   

  
	
  8/7/01 –
  8/8/01

  	
   

  	
  11

  	
   

  	
  86.5

  	
   

  
	
  8/23/01 –
  8/24/01

  	
   

  	
  24

  	
   

  	
  77.5

  	
   

  
	
  8/26/01

  	
   

  	
  3

  	
   

  	
  86.6

  	
   

  
	
  8/29/01

  	
   

  	
  6

  	
   

  	
  76.2

  	
   

  
	
  9/1/01

  	
   

  	
  14

  	
   

  	
  88.3

  	
   

  
	
  9/4/01 –
  9/5/01

  	
   

  	
  5

  	
   

  	
  64.6

  	
   

  
	
  9/17/01

  	
   

  	
  1

  	
   

  	
  54

  	
   

  
	
  9/19/01 –
  9/20/01

  	
   

  	
  9

  	
   

  	
  64.2

  	
   

  
	
  9/25/01 –
  9/27/01

  	
   

  	
  8

  	
   

  	
  81.4

  	
   

  
	
  9/29/01

  	
   

  	
  9

  	
   

  	
  53.2

  	
   

  
	
  10/8/01

  	
   

  	
  2

  	
   

  	
  90

  	
   

  
	
  10/21/01

  	
   

  	
  1

  	
   

  	
  90

  	
   

  






 


g.                                      The
Regulated Party referenced the MPCA’s Ambient Air Monitoring Procedures
entitled Exhibit M in the H2S Monitoring Plan that it submitted for
MPCA approval.  The MPCA approved the
Regulated Party’s H2S Monitoring Plan with the reference to Exhibit
M.  Exhibit M, Part 6, Item (C), states
that the requirement for data recovery is 75 percent of all data possible from
each sampling quarter.


 


h.                                      Crookston’s
H2S Monitoring Summary for the period of May 27, 1999, through
September 30, 1999, reported that Monitor C1 collected a total of 4,119 out of
6,336 possible values (or 65 percent) and Monitor C3 collected a total of 3,942
out of 6,336 possible values (or 62 percent). 
Monitors C1 and C3 failed to meet the minimum data recovery requirement.


 


7

















 


MOORHEAD


 


i.                                          On
May 13, 1999, the MPCA amended Air Emission Permit No. 0270000-1-015, which it
had issued to the Regulated Party for the Moorhead facility.


 


j.                                          As
amended, Air Emission Permit No. 0270000-1-015, Table A (pages A-2 to A-3)
requires the Moorhead facility to demonstrate compliance with the H2S
standard by establishing an H2S monitoring network to measure the
ambient concentration of H2S coming from the facility.


 


k.                                       The
Regulated Party collected H2S data from May 27, 1999, through
September 30, 1999.  The following
tables summarize the readings above the standard documented during the
monitoring period:


 


1999
MOORHEAD READINGS ABOVE 0.03 PPM STANDARD


 




	
  DATES

  	
   

  	
  # of
  Readings Above

  Standard

  	
   

  	
  AVERAGE

  	
   

  
	
  5/28/99-6/1/99

  	
   

  	
  7

  	
   

  	
  32 ppb

  	
   

  
	
  6/1/99-6/5/99

  	
   

  	
  10

  	
   

  	
  36 ppb

  	
   

  
	
  6/6/99-6/10/99

  	
   

  	
  20

  	
   

  	
  37 ppb

  	
   

  
	
  6/25/99-6/29/99

  	
   

  	
  1

  	
   

  	
  39 ppb

  	
   

  
	
  7/5/99-7/9/99

  	
   

  	
  4

  	
   

  	
  37 ppb

  	
   

  
	
  7/10/99-7/14/99

  	
   

  	
  1

  	
   

  	
  32 ppb

  	
   

  
	
  9/9/99-9/13/99

  	
   

  	
  9

  	
   

  	
  36 ppb

  	
   

  
	
  9/14/99-9/18/99

  	
   

  	
  11

  	
   

  	
  40 ppb

  	
   

  






 


1999
MOORHEAD READINGS ABOVE 0.05 PPM STANDARD


 




	
  DATES

  	
   

  	
  # of
  Readings Above

  Standard

  	
   

  	
  AVERAGE

  	
   

  
	
  5/31/99

  	
   

  	
  1

  	
   

  	
  90 ppb

  	
   

  
	
  6/6/99

  	
   

  	
  8

  	
   

  	
  78 ppb

  	
   

  
	
  6/7/99-6/9/99

  	
   

  	
  4

  	
   

  	
  61 ppb

  	
   

  
	
  9/12/99

  	
   

  	
  14

  	
   

  	
  90 ppb

  	
   

  
	
  9/15/99

  	
   

  	
  2

  	
   

  	
  61 ppb

  	
   

  
	
  9/18/99-9/20/99

  	
   

  	
  37

  	
   

  	
  89 ppb

  	
   

  






 


8












 








 


l.                                          The
Regulated Party collected H2S data from April 2000, through October
2000.  The following tables summarize
the readings above the standard documented during the monitoring period:


 


2000 MOORHEAD READINGS ABOVE 0.03 PPM
STANDARD


 




	
  DATES

  	
   

  	
  # of
  Readings Above

  Standard

  	
   

  	
  AVERAGE

  	
   

  
	
  5/10/00 –
  5/15/00

  	
   

  	
  51

  	
   

  	
  43.8

  	
   

  
	
  5/17/00 –
  5/22/00

  	
   

  	
  32

  	
   

  	
  49.5

  	
   

  
	
  5/22/00 –
  5/27/00

  	
   

  	
  25

  	
   

  	
  47.6

  	
   

  
	
  5/30/00 –
  6/4/00

  	
   

  	
  9

  	
   

  	
  42

  	
   

  
	
  6/10/00 –
  6/15/00

  	
   

  	
  29

  	
   

  	
  49.3

  	
   

  
	
  6/18/00 –
  6/23/00

  	
   

  	
  64

  	
   

  	
  49.3

  	
   

  
	
  6/27/00 –
  7/2/00

  	
   

  	
  82

  	
   

  	
  48.8

  	
   

  
	
  7/2/00 –
  7/7/00

  	
   

  	
  138

  	
   

  	
  49.9

  	
   

  
	
  7/9/00 –
  7/14/00

  	
   

  	
  40

  	
   

  	
  50

  	
   

  
	
  7/20/00 –
  7/25/00

  	
   

  	
  26

  	
   

  	
  50

  	
   

  
	
  8/12/00 –
  8/17/00

  	
   

  	
  7

  	
   

  	
  48

  	
   

  
	
  8/22/00 –
  8/27/00

  	
   

  	
  6

  	
   

  	
  34.8

  	
   

  
	
  9/7/00 –
  9/12/00

  	
   

  	
  3

  	
   

  	
  36.3

  	
   

  
	
  9/12/00 –
  9/17/00

  	
   

  	
  5

  	
   

  	
  40

  	
   

  
	
  9/24/00 –
  9/29/00

  	
   

  	
  8

  	
   

  	
  33

  	
   

  
	
  10/16/00 –
  10/21/00

  	
   

  	
  5

  	
   

  	
  37.8

  	
   

  
	
  10/21/00 –
  10/26/00

  	
   

  	
  2

  	
   

  	
  38.5

  	
   

  






 


2000 MOORHEAD READINGS ABOVE 0.05 PPM
STANDARD


 




	
  DATES

  	
   

  	
  # of
  Readings Above

  Standard

  	
   

  	
  AVERAGE

  	
   

  
	
  8/23/00 –
  8/26/00

  	
   

  	
  35

  	
   

  	
  90

  	
   

  
	
  9/4/00 –
  9/21/00

  	
   

  	
  261

  	
   

  	
  88.9

  	
   

  
	
  9/24/00

  	
   

  	
  1

  	
   

  	
  51

  	
   

  
	
  9/27/00 –
  10/2/00

  	
   

  	
  190

  	
   

  	
  90

  	
   

  
	
  10/5/00

  	
   

  	
  2

  	
   

  	
  90

  	
   

  
	
  10/10/00 –
  10/11/00

  	
   

  	
  15

  	
   

  	
  90

  	
   

  
	
  10/12/00

  	
   

  	
  2

  	
   

  	
  90

  	
   

  
	
  10/17/00 –
  1023/00

  	
   

  	
  56

  	
   

  	
  87.7

  	
   

  






 


9

















 


m.                                    The
Regulated Party collected H2S data from April 2001, through October
2001.  The following tables summarize
the readings above the standard documented during the monitoring period:


 


2001 MOORHEAD READINGS ABOVE 0.03 PPM
STANDARD


 




	
  DATES

  	
   

  	
  # of
  Readings Above

  0.03 Standard

  	
   

  	
  AVERAGE

  	
   

  
	
  4/30/01 –
  5/5/01

  	
   

  	
  16

  	
   

  	
  39.8

  	
   

  
	
  5/8/01 –
  5/13/01

  	
   

  	
  2

  	
   

  	
  33

  	
   

  
	
  5/30/01 –
  6/4/01

  	
   

  	
  7

  	
   

  	
  34

  	
   

  
	
  6/4/01 –
  6/9/01

  	
   

  	
  22

  	
   

  	
  39

  	
   

  
	
  6/27/01 –
  7/2/01

  	
   

  	
  2

  	
   

  	
  46

  	
   

  
	
  9/14/01
  9/19/01

  	
   

  	
  42

  	
   

  	
  38.5

  	
   

  
	
  9/20/01 –
  9/25/01

  	
   

  	
  17

  	
   

  	
  36.8

  	
   

  
	
  9/25/01 –
  9/30/01

  	
   

  	
  1

  	
   

  	
  33

  	
   

  
	
  10/6/01 – 10/11/01

  	
   

  	
  10

  	
   

  	
  37.8

  	
   

  






 


2001 MOORHEAD READINGS ABOVE 0.05 PPM
STANDARD


 




	
  DATES

  	
   

  	
  # of
  Readings Above

  0.05 Standard

  	
   

  	
  AVERAGE

  	
   

  
	
  5/5/01

  	
   

  	
  10

  	
   

  	
  71.1

  	
   

  
	
  6/4/01

  	
   

  	
  2

  	
   

  	
  52

  	
   

  
	
  9/1/01 –
  9/7/01

  	
   

  	
  180

  	
   

  	
  89.9

  	
   

  
	
  9/9/01 –
  9/10/01

  	
   

  	
  31

  	
   

  	
  90

  	
   

  
	
  9/11/01 –
  9/23/01

  	
   

  	
  227

  	
   

  	
  86.3

  	
   

  
	
  9/24/01

  	
   

  	
  2

  	
   

  	
  90

  	
   

  
	
  9/25/01 –
  9/30/01

  	
   

  	
  61

  	
   

  	
  89.7

  	
   

  
	
  10/2/01

  	
   

  	
  8

  	
   

  	
  86.3

  	
   

  
	
  10/9/01 –
  10/10/01

  	
   

  	
  8

  	
   

  	
  90

  	
   

  
	
  10/11/01

  	
   

  	
  7

  	
   

  	
  90

  	
   

  
	
  10/17/01

  	
   

  	
  3

  	
   

  	
  80

  	
   

  






 


n.                                      The
Regulated Party referenced the MPCA’s Ambient Air Monitoring Procedures
entitled Exhibit M in the H2S Monitoring Plan that it submitted for
MPCA approval.  The MPCA approved the
Regulated Party’s H2S Monitoring Plan with the reference to Exhibit
M.  Exhibit M,


 


10

















 


Part 6, Item (C), states that the requirement for data recovery is 75
percent of all data possible from each sampling quarter.


 


o.                                      Moorhead’s
H2S Monitoring Summary for the period of May 27, 1999, through
September 30, 1999, reported that Monitor C1 collected a total of 3,224 out of
6,336 possible values (or 51 percent); Monitor C2 collected a total of 4,335
out of 6,336 possible values (or 68 percent); and Monitor C3 collected a total
of 2,652 out of 6,336 possible values (or 42 percent).  Monitors C1, C2 and C3 failed to meet the
minimum data recovery requirement.


 


p.                                      On
September 30, 1999, the Regulated Party performed compliance testing on the
Lime Kiln at the Moorhead facility.


 


q.                                      On
October 14, 1999, the MPCA received the September 30, 1999, compliance test
report.  The test report demonstrates
that Moorhead’s Lime Kiln failed to demonstrate compliance with the PM emission
limit of 5.0 lb/hr during normal operation and failed to demonstrate compliance
with the PM10 limit of 5.0 lb/hr during normal operation.  The test demonstrated that Moorhead’s Lime
Kiln had PM emissions of 9.6 lb/hr (or 92 percent over) and had PM10
emissions of 9.9 lb/hr (or 98 percent over). 
Additionally, the test report demonstrated that Moorhead’s Lime Kiln had
failed to demonstrate compliance with the PM grain loading limit of 0.3 grains
per dry standard cubic foot (gr/dscf) during normal operation.  The test demonstrated that Moorhead’s Lime
Kiln had a grain loading of 0.53 gr/dscf (or 76 percent over).


 


EAST GRAND FORKS


 


r.                                         On
June 2, 2000, the MPCA issued Title V Air Emission Permit No. 11900002-001 to
the Regulated Party for the East Grand Forks facility.


 


s.                                       Air
Emission Permit No. 11900002-001, Table A (pages A-2 to A-3), requires the East
Grand Forks facility to demonstrate compliance with the H2S standard
by establishing an H2S monitoring network to measure the ambient
concentration of H2S coming from the facility.


 


11

















 


t.                                         The
Regulated Party collected H2S data from June 12, 2000, through
October 31, 2000.  The following tables
summarize the readings above the standard documented during the monitoring
period:


 


2000 E. GRAND FORKS READINGS ABOVE 0.03 PPM
STANDARD


 




	
  DATES

  	
   

  	
  # of
  Readings Above

  Standard

  	
   

  	
  AVERAGE

  	
   

  
	
  4/24/00 –
  4/29/00

  	
   

  	
  168

  	
   

  	
  50

  	
   

  
	
  4/29/00 –
  5/4/00

  	
   

  	
  38

  	
   

  	
  43.2

  	
   

  
	
  5/15/00 –
  5/20/00

  	
   

  	
  1

  	
   

  	
  40.5

  	
   

  
	
  5/26/00 –
  5/31/00

  	
   

  	
  34

  	
   

  	
  42.5

  	
   

  
	
  6/3/00 –
  6/8/00

  	
   

  	
  18

  	
   

  	
  42.6

  	
   

  
	
  6/13/00 –
  6/18/00

  	
   

  	
  2

  	
   

  	
  40.5

  	
   

  
	
  6/19/00 –
  6/24/00

  	
   

  	
  29

  	
   

  	
  45.3

  	
   

  
	
  6/24/00 –
  6/29/00

  	
   

  	
  8

  	
   

  	
  41.2

  	
   

  
	
  6/29/00 –
  7/4/00

  	
   

  	
  57

  	
   

  	
  46.2

  	
   

  
	
  7/4/00 –
  7/9/00

  	
   

  	
  56

  	
   

  	
  45.7

  	
   

  
	
  7/9/00 –
  7/14/00

  	
   

  	
  31

  	
   

  	
  47.9

  	
   

  
	
  7/15/00 –
  7/20/00

  	
   

  	
  61

  	
   

  	
  44.9

  	
   

  
	
  7/29/00 –
  8/3/00

  	
   

  	
  24

  	
   

  	
  40.3

  	
   

  
	
  8/3/00 –
  8/8/00

  	
   

  	
  5

  	
   

  	
  41

  	
   

  
	
  8/10/00 –
  8/15/00

  	
   

  	
  9

  	
   

  	
  35.4

  	
   

  
	
  8/16/00 –
  8/21/00

  	
   

  	
  25

  	
   

  	
  38.8

  	
   

  
	
  8/21/00 –
  8/26/00

  	
   

  	
  14

  	
   

  	
  35.9

  	
   

  
	
  8/26/00 –
  8/31/00

  	
   

  	
  6

  	
   

  	
  41.3

  	
   

  
	
  9/2/00 –
  9/7/00

  	
   

  	
  1

  	
   

  	
  44

  	
   

  
	
  9/7/00 –
  9/12/00

  	
   

  	
  18

  	
   

  	
  41.3

  	
   

  
	
  9/12/00 –
  9/17/00

  	
   

  	
  6

  	
   

  	
  36.8

  	
   

  
	
  9/19/00 –
  9/24/00

  	
   

  	
  8

  	
   

  	
  44.2

  	
   

  
	
  9/25/00 –
  9/30/00

  	
   

  	
  32

  	
   

  	
  38.8

  	
   

  
	
  9/30/00 –
  10/5/00

  	
   

  	
  1

  	
   

  	
  46

  	
   

  
	
  10/16/00 –
  10/21/00

  	
   

  	
  3

  	
   

  	
  34

  	
   

  
	
  10/22/00 –
  10/27/00

  	
   

  	
  18

  	
   

  	
  39.4

  	
   

  
	
  10/29/00 –
  10/31/00

  	
   

  	
  57

  	
   

  	
  39.5

  	
   

  






 


12

















 


2000 E. GRAND FORKS READINGS ABOVE 0.05 PPM
STANDARD


 




	
  DATES

  	
   

  	
  # of
  Readings Above

  Standard

  	
   

  	
  AVERAGE

  	
   

  
	
  8/10/00

  	
   

  	
  1

  	
   

  	
  51

  	
   

  
	
  8/14/00

  	
   

  	
  3

  	
   

  	
  90

  	
   

  
	
  8/16/00 –
  8/17/00

  	
   

  	
  12

  	
   

  	
  78

  	
   

  
	
  8/19/00 –
  8/21/00

  	
   

  	
  13

  	
   

  	
  60.4

  	
   

  
	
  8/22/00 –
  8/30/00

  	
   

  	
  300

  	
   

  	
  87.5

  	
   

  
	
  8/31/00 –
  9/13/00

  	
   

  	
  308

  	
   

  	
  87.4

  	
   

  
	
  9/15/00 –
  9/19/00

  	
   

  	
  121

  	
   

  	
  89.2

  	
   

  
	
  9/21/00

  	
   

  	
  29

  	
   

  	
  88.8

  	
   

  
	
  9/23/00 –
  9/25/00

  	
   

  	
  38

  	
   

  	
  78.4

  	
   

  
	
  9/27/00 –
  9/29/00

  	
   

  	
  20

  	
   

  	
  63.5

  	
   

  
	
  9/30/00 –
  10/1/00

  	
   

  	
  21

  	
   

  	
  74.8

  	
   

  
	
  10/23/00

  	
   

  	
  1

  	
   

  	
  90

  	
   

  
	
  10/25/00

  	
   

  	
  6

  	
   

  	
  78

  	
   

  
	
  10/29/00

  	
   

  	
  2

  	
   

  	
  66

  	
   

  
	
  10/30/00 –
  10/31/00

  	
   

  	
  19

  	
   

  	
  70.6

  	
   

  






 


13

















 


u.                                      The
Regulated Party collected H2S data from April 2001, through October
2001.  The following tables summarize
the readings above the standard documented during the monitoring period:


 


2001 E. GRAND FORKS READINGS ABOVE 0.03 PPM
STANDARD


 




	
  DATES

  	
   

  	
  # of
  Readings Above

  0.03 Standard

  	
   

  	
  AVERAGE

  	
   

  
	
  4/24/01 –
  4/29/01

  	
   

  	
  34

  	
   

  	
  38.3

  	
   

  
	
  4/30/01 –
  5/5/01

  	
   

  	
  20

  	
   

  	
  39.3

  	
   

  
	
  5/6/01 –
  5/11/01

  	
   

  	
  7

  	
   

  	
  39

  	
   

  
	
  5/11/01 –
  5/16/01

  	
   

  	
  24

  	
   

  	
  37.7

  	
   

  
	
  5/16/01 –
  5/21/01

  	
   

  	
  32

  	
   

  	
  40.6

  	
   

  
	
  5/26/01 – 5/31/01

  	
   

  	
  17

  	
   

  	
  37

  	
   

  
	
  5/31/01 –
  6/5/01

  	
   

  	
  11

  	
   

  	
  43.4

  	
   

  
	
  6/6/01 –
  6/11/01

  	
   

  	
  45

  	
   

  	
  39.5

  	
   

  
	
  6/11/01 –
  6/16/01

  	
   

  	
  21

  	
   

  	
  40.8

  	
   

  
	
  6/17/01 –
  6/22/01

  	
   

  	
  20

  	
   

  	
  38.6

  	
   

  
	
  6/22/01 –
  6/27/01

  	
   

  	
  48

  	
   

  	
  41.6

  	
   

  
	
  6/27/01 –
  7/2/01

  	
   

  	
  31

  	
   

  	
  39.3

  	
   

  
	
  7/3/01 –
  7/8/01

  	
   

  	
  14

  	
   

  	
  38.3

  	
   

  
	
  7/8/01 –
  7/13/01

  	
   

  	
  3

  	
   

  	
  45.3

  	
   

  
	
  7/14/01 –
  7/19/01

  	
   

  	
  26

  	
   

  	
  36.7

  	
   

  
	
  7/19/01 –
  7/24/01

  	
   

  	
  1

  	
   

  	
  35

  	
   

  
	
  7/26/01 –
  7/31/01

  	
   

  	
  10

  	
   

  	
  37.7

  	
   

  
	
  8/7/01 –
  8/12/01

  	
   

  	
  21

  	
   

  	
  41.9

  	
   

  
	
  8/13/01 –
  8/18/01

  	
   

  	
  16

  	
   

  	
  38.9

  	
   

  
	
  8/25/01 –
  8/30/01

  	
   

  	
  20

  	
   

  	
  35.9

  	
   

  
	
  8/31/01 –
  9/5/01

  	
   

  	
  42

  	
   

  	
  37.4

  	
   

  
	
  9/5/01 –
  9/10/01

  	
   

  	
  12

  	
   

  	
  34.1

  	
   

  
	
  9/10/01 – 9/15/01

  	
   

  	
  7

  	
   

  	
  38.6

  	
   

  
	
  9/15/01 –
  9/20/01

  	
   

  	
  15

  	
   

  	
  40.6

  	
   

  
	
  9/20/01 –
  9/25/01

  	
   

  	
  5

  	
   

  	
  38.8

  	
   

  
	
  9/26/01 –
  10/1/01

  	
   

  	
  36

  	
   

  	
  42.7

  	
   

  
	
  10/3/01 –
  10/8/01

  	
   

  	
  28

  	
   

  	
  41.2

  	
   

  
	
  10/8/01 –
  10/13/01

  	
   

  	
  9

  	
   

  	
  35.3

  	
   

  






 


14

















 


2001 E. GRAND FORKS READINGS ABOVE 0.05 PPM
STANDARD


 




	
  DATES

  	
   

  	
  # of
  Readings Above

  0.05 Standard

  	
   

  	
  AVERAGE

  	
   

  
	
  4/27/01 –
  4/28/01

  	
   

  	
  31

  	
   

  	
  74.3

  	
   

  
	
  4/30/01 –
  5/2/01

  	
   

  	
  50

  	
   

  	
  83.4

  	
   

  
	
  5/4/01 –
  5/9/01

  	
   

  	
  209

  	
   

  	
  89.3

  	
   

  
	
  5/11/01 –
  5/21/01

  	
   

  	
  229

  	
   

  	
  83.1

  	
   

  
	
  5/27/01

  	
   

  	
  3

  	
   

  	
  66.6

  	
   

  
	
  5/30/01 –
  5/31/01

  	
   

  	
  45

  	
   

  	
  74.7

  	
   

  
	
  6/3/01 –
  6/12/01

  	
   

  	
  144

  	
   

  	
  74.3

  	
   

  
	
  6/15/01 –
  6/20/01

  	
   

  	
  44

  	
   

  	
  73

  	
   

  
	
  6/21/01 –
  6/26/01

  	
   

  	
  98

  	
   

  	
  75.8

  	
   

  
	
  6/28/01 –
  6/29/01

  	
   

  	
  12

  	
   

  	
  72.8

  	
   

  
	
  7/2/01

  	
   

  	
  2

  	
   

  	
  70

  	
   

  
	
  7/3/01

  	
   

  	
  2

  	
   

  	
  60

  	
   

  
	
  7/14/01

  	
   

  	
  3

  	
   

  	
  80.3

  	
   

  
	
  7/16/01

  	
   

  	
  1

  	
   

  	
  90

  	
   

  
	
  7/17/01

  	
   

  	
  7

  	
   

  	
  74

  	
   

  
	
  7/22/01

  	
   

  	
  1

  	
   

  	
  90

  	
   

  
	
  7/26/01

  	
   

  	
  6

  	
   

  	
  62.8

  	
   

  
	
  8/7/01 – 8/8/01

  	
   

  	
  5

  	
   

  	
  57.4

  	
   

  
	
  8/10/01

  	
   

  	
  3

  	
   

  	
  51.6

  	
   

  
	
  9/1/01

  	
   

  	
  18

  	
   

  	
  85.8

  	
   

  
	
  9/3/01 –
  9/5/01

  	
   

  	
  30

  	
   

  	
  67.8

  	
   

  
	
  9/10/01 –
  9/11/01

  	
   

  	
  26

  	
   

  	
  87.8

  	
   

  
	
  9/14/01 –
  9/17/01

  	
   

  	
  103

  	
   

  	
  86.7

  	
   

  
	
  9/18/01 –
  9/22/01

  	
   

  	
  138

  	
   

  	
  89.8

  	
   

  
	
  9/24/01 –
  9/29/01

  	
   

  	
  193

  	
   

  	
  79.8

  	
   

  
	
  9/30/01 –
  10/1/01

  	
   

  	
  9

  	
   

  	
  55

  	
   

  
	
  10/3/01

  	
   

  	
  3

  	
   

  	
  71.3

  	
   

  
	
  10/6/01 –
  10/7/01

  	
   

  	
  3

  	
   

  	
  54.6

  	
   

  






 


v.                                      Air
Emission Permit No. 11900002-001 (EGF Permit) requires the Permittee to conduct
a visible emissions check on the stacks associated with the following emission
units: 1)Remelt Conveyor Dust Control System (EU026); 2)Pulp Pellet Loadout
(EU007); 3)Weibull Bin #1 Dust Control System (EU020); 4)Wiebull Bin #2 Dust
Control System (EU021); 5)Conveying Dust System (EU022); 6)8A Tower Central
Vacuum (EU023); 7)Weibull Bin #3 Dust Control System (EU024); 8)Weibull Bin #3 Central
Vacuum (EU025); 9)Sugar Bagger Dust Control System (EU028); and 10)Screening
Tower Dust Control System (EU030).  The


 


15

















 


EFG Permit also requires the Permittee to record the time and date of
the visible emissions check.


 


w.                                    On
January 31, 2001, the MPCA received East Grand Forks’ fourth quarter 2000
Excess Emission Report (EER) and Deviation Report Form (DRF).


 


x.                                        The
4th quarter EER/DRF demonstrated that visible emission checks were
missed throughout the quarter.  The
following table summarizes the missed visible emission checks as reported:


 


	
  Emission

  Unit

  	
   

  	
  PCE

  	
   

  	
  Parameter

  	
   

  	
  Total

  Readings

  	
   

  	
  Missed

  Readings

  	
   

  	
  % Missed

  Readings

  	
   

  
	
  Remelt Conveyor Dust Control System

  	
   

  	
  Baghouse

  	
   

  	
  Visible

  	
   

  	
  78

  	
   

  	
  60

  	
   

  	
  43%

  	
   

  
	
  Pulp Pellet Loadout

  	
   

  	
  Baghouse

  	
   

  	
  Visible

  	
   

  	
  122

  	
   

  	
  31

  	
   

  	
  20%

  	
   

  
	
  Weibull Bin #1 Dust Control System

  	
   

  	
  Baghouse

  	
   

  	
  Visible

  	
   

  	
  138

  	
   

  	
  22

  	
   

  	
  14%

  	
   

  
	
  Weibull Bin#2 Dust Control System

  	
   

  	
  Baghouse

  	
   

  	
  Visible

  	
   

  	
  138

  	
   

  	
  22

  	
   

  	
  14%

  	
   

  
	
  Conveying Dust System

  	
   

  	
  Baghouse

  	
   

  	
  Visible

  	
   

  	
  138

  	
   

  	
  22

  	
   

  	
  14%

  	
   

  
	
  8A Screening Tower Central Vacuum

  	
   

  	
  Baghouse

  	
   

  	
  Visible

  	
   

  	
  138

  	
   

  	
  22

  	
   

  	
  14%

  	
   

  
	
  Weibull Bin #3 Dust Control System

  	
   

  	
  Baghouse

  	
   

  	
  Visible

  	
   

  	
  138

  	
   

  	
  22

  	
   

  	
  14%

  	
   

  
	
  Weibull Bin #3 Central Vacuum

  	
   

  	
  Baghouse

  	
   

  	
  Visible

  	
   

  	
  138

  	
   

  	
  22

  	
   

  	
  14%

  	
   

  
	
  Sugar Bagger Dust Control System

  	
   

  	
  Baghouse

  	
   

  	
  Visible

  	
   

  	
  138

  	
   

  	
  22

  	
   

  	
  14%

  	
   

  
	
  Screening Tower Dust Control System

  	
   

  	
  Baghouse

  	
   

  	
  Visible

  	
   

  	
  138

  	
   

  	
  22

  	
   

  	
  14%

  	
   

  



 


16

















 


Part 6.                                                           REGULATED
PARTY STATEMENT.  The Regulated
Party for its statement, says as follows:


 


a.                                       Alleged
Ambient Air Violations.  The Regulated
Party disputes both the number and degree of alleged ambient air violations for
several reasons, including the following:


 


1.)                                   The Regulated
Party’s hydrogen sulfide monitors were positioned, during the relevant time periods,
to measure emissions from its wastewater ponds as part of a risk analysis
required by its air permits; the monitors were not intended to measure hydrogen
sulfide concentrations in the ambient air, nor were they positioned to do so;


 


2.)                                   Though the SPM
monitors used by the Regulated Party have been approved by the MPCA as one of
two authorized methods for measuring hydrogen sulfide, various types of hydride
tape used in the SPM monitors during relevant time periods proved very
sensitive to distortion by temperature and humidity; in addition, the SPM
monitors do not work well in low temperatures, and the SPM monitors also
exhibit a tendency to record both extended periods of 90 ppb readings and
abrupt jumps or drops in measured concentrations, neither of which appear
related to actual hydrogen sulfide levels;


 


3.)                                   The monitor data was
not corrected for wind direction.


 


As a result of these potential problems with the monitor data, ACS
believes that most of the ambient air violations alleged by the MPCA concern
hydrogen sulfide concentrations that were: 1) not representative of actual
ambient air concentrations; 2) derived from corrective mathematical
calculations rather than accurate measurements; 3) based on erroneous
measurements; and/or 4) caused entirely by offsite sources.


 


Though it disputes the accuracy of the monitor data as a measure of
hydrogen sulfide concentrations in the ambient air, the Regulated Party has
nevertheless spent a great deal of money to control its hydrogen sulfide
emissions.  Since it installed its
monitoring networks in 1999 and began collecting hydrogen sulfide data, the
Regulated Party has spent approximately $13.37 million to control its hydrogen
sulfide emissions, including approximately $1.26 million


 


17

















 


to control emissions from the Crookston facility’s wastewater ponds,
approximately $ 2.89 million to control emissions from the Moorhead facility’s
wastewater ponds, and approximately $9.22 million to control emissions from the
East Grand Forks facility’s wastewater ponds. 
In addition, the Regulated Party spent at least $8 million on odor
control projects before its hydrogen sulfide monitoring networks were installed
in 1999.  Prior to 1999, when no
hydrogen sulfide emission data was available, the focus of both the Regulated
Party and the MPCA was on controlling odors from the wastewater ponds.


 


b.                                      Alleged
Violations of Exhibit M Requirements. 
During the summer of 1999 — the first few months of operation of the
Regulated Party’s completely new hydrogen sulfide monitoring network — a
primary cause of the network’s downtime was the type of data logger used.  The Regulated Party replaced the original
data loggers with an alternate type in time for the 2000 monitoring season, and,
as a result, the uptime of the Crookston network improved to 99% during the
2000 season and the uptime of the Moorhead network improved to 85% during the
2000 season.  To further improve its
performance, the Regulated Party began purchasing extra monitors in 2000, so
that ultimately each of its facilities would have redundant monitoring capacity
in case any one monitor failed.  The
Regulated Party’s hydrogen sulfide plan states that “[t]he plan conforms with
the requirements of . . . the MPCA’s Exhibit M — Ambient Air Monitoring Procedures for Determination of Compliance,”
but the plan does not include any specific provision defining the uptime
requirement for the monitoring network.


 


c.                                       Alleged
Particulate Matter Violations.  With
regard to the September 30, 1999 compliance test at the Moorhead facility, the
Regulated Party determined that during the performance test, there was
inadequate airflow through the cyclone. 
As a result, the Regulated Party increased the airflow, and in a
subsequent performance test of the lime kiln conducted on December 23, 1999,
the equipment demonstrated compliance with all applicable particulate matter
standards.


 


d.                                      Alleged
Opacity Violations.  Following the cited
lapse in visible emission readings at its East Grand Forks facility during the
fourth quarter of 2000, the Regulated Party


 


18

















 


made certain personnel changes to ensure that such lapses would not
occur again, and they have not occurred again.


 


Part 7.                                                           ALLEGED
VIOLATIONS.  The MPCA alleges that
the Regulated Party has violated the following requirements of statute, rule
and/or permit condition:


 


Crookston


 


1)             7009.0080 STATE
AMBIENT AIR QUALITY STANDARDS.


 


The following
table contains the state ambient air quality standards.


 


	
  Pollutant/

  Air Contaminant

  	
   

  	
  Primary

  Standard

  	
   

  	
  Secondary

  Standard

  	
   

  	
  Remarks

  
	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  Hydrogen Sulfide

  	
   

  	
  0.05 ppm by volume (70.0 micrograms per cubic meter)

  	
   

  	
   

  	
   

  	
  1/2 hour
  average not to be exceeded over 2 times per year

  
	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
  0.03 ppm by volume (42.0 micrograms per cubic meter)

  	
   

  	
   

  	
   

  	
  1/2 hour
  average not to be exceeded over 2 times in any 5 consecutive days

  



 


19

















 


The Regulated Party collected hydrogen sulfide (H2S) data,
at Crookston, from May 27, 1999, through September 30, 1999.  The following tables summarize the readings
above the standard documented during the monitoring period.


 


1999 CROOKSTON READINGS ABOVE 0.03 PPM
STANDARD


 




	
  DATES

  	
   

  	
  # of
  Readings Above

  Standard

  	
   

  	
  AVERAGE

  	
   

  
	
  5/27/99-5/31/99

  	
   

  	
  26

  	
   

  	
  37 ppb

  	
   

  
	
  6/2/99-6/6/99

  	
   

  	
  61

  	
   

  	
  39 ppb

  	
   

  
	
  6/7/99-6/11/99

  	
   

  	
  35

  	
   

  	
  42 ppb

  	
   

  
	
  6/19/99-6/23/99

  	
   

  	
  30

  	
   

  	
  34 ppb

  	
   

  
	
  6/25/99-6/29/99

  	
   

  	
  24

  	
   

  	
  39 ppb

  	
   

  
	
  7/3/99-7/7/99

  	
   

  	
  36

  	
   

  	
  40 ppb

  	
   

  
	
  7/8/99-7/12/99

  	
   

  	
  15

  	
   

  	
  38 ppb

  	
   

  
	
  7/13/99-7/17/99

  	
   

  	
  30

  	
   

  	
  39 ppb

  	
   

  
	
  7/18/99-7/22/99

  	
   

  	
  9

  	
   

  	
  37 ppb

  	
   

  
	
  8/25/99-8/29/99

  	
   

  	
  1

  	
   

  	
  42 ppb

  	
   

  
	
  9/2/99-9/6/99

  	
   

  	
  1

  	
   

  	
  50 ppb

  	
   

  
	
  9/7/99-9/11/99

  	
   

  	
  14

  	
   

  	
  42 ppb

  	
   

  
	
  9/11/99-9/15/99

  	
   

  	
  11

  	
   

  	
  41 ppb

  	
   

  
	
  9/15/99-9/19/99

  	
   

  	
  6

  	
   

  	
  38 ppb

  	
   

  
	
  9/20/99-9/24/99

  	
   

  	
  16

  	
   

  	
  36 ppb

  	
   

  






 


1999 CROOKSTON READINGS ABOVE 0.05 PPM
STANDARD


 




	
  DATES

  	
   

  	
  # of
  Readings Above

  Standard

  	
   

  	
  AVERAGE

  	
   

  
	
  5/30/99

  	
   

  	
  6

  	
   

  	
  60 ppb

  	
   

  
	
  6/3/99-6/6/99

  	
   

  	
  14

  	
   

  	
  60 ppb

  	
   

  
	
  6/8/99-6/9/99

  	
   

  	
  12

  	
   

  	
  69 ppb

  	
   

  
	
  6/10/99-6/11/99

  	
   

  	
  3

  	
   

  	
  72 ppb

  	
   

  
	
  6/25/99-6/26/99

  	
   

  	
  4

  	
   

  	
  56 ppb

  	
   

  
	
  7/3/99-7/7/99

  	
   

  	
  11

  	
   

  	
  64 ppb

  	
   

  
	
  7/8/99-7/9/99

  	
   

  	
  8

  	
   

  	
  63 ppb

  	
   

  
	
  7/12/99

  	
   

  	
  6

  	
   

  	
  59 ppb

  	
   

  
	
  7/14/99-7/15/99

  	
   

  	
  11

  	
   

  	
  63 ppb

  	
   

  
	
  9/4/99

  	
   

  	
  1

  	
   

  	
  51 ppb

  	
   

  
	
  9/10/99-9/14/99

  	
   

  	
  34

  	
   

  	
  73 ppb

  	
   

  
	
  9/15/99-9/16/99

  	
   

  	
  25

  	
   

  	
  71 ppb

  	
   

  
	
  9/17/99

  	
   

  	
  27

  	
   

  	
  83 ppb

  	
   

  
	
  9/20/99-9/21/99

  	
   

  	
  3

  	
   

  	
  56 ppb

  	
   

  






 


20

















 


The Regulated Party collected H2S data from April 2000,
through October 2000.  The following
tables summarize the readings above the standard documented during the
monitoring period:


 


2000 CROOKSTON READINGS ABOVE 0.03 PPM
STANDARD


 




	
  DATES

  	
   

  	
  # of
  Readings Above

  Standard

  	
   

  	
  AVERAGE

  	
   

  
	
  4/1/00 –
  4/6/00

  	
   

  	
  17

  	
   

  	
  48.3

  	
   

  
	
  4/20/00 – 4/25/00

  	
   

  	
  67

  	
   

  	
  37.8

  	
   

  
	
  4/26/00 –
  5/1/00

  	
   

  	
  43

  	
   

  	
  43.7

  	
   

  
	
  5/4/00 –
  5/9/00

  	
   

  	
  3

  	
   

  	
  44

  	
   

  
	
  5/12/00 –
  5/17/00

  	
   

  	
  10

  	
   

  	
  40.6

  	
   

  
	
  5/20/00 –
  5/25/00

  	
   

  	
  22

  	
   

  	
  49.4

  	
   

  
	
  5/29/00 –
  6/3/00

  	
   

  	
  4

  	
   

  	
  42.6

  	
   

  
	
  6/4/00 –
  6/9/00

  	
   

  	
  3

  	
   

  	
  50

  	
   

  
	
  6/12/00 –
  6/17/00

  	
   

  	
  22

  	
   

  	
  49.5

  	
   

  
	
  6/17/00 –
  6/22/00

  	
   

  	
  86

  	
   

  	
  50

  	
   

  
	
  6/22/00 –
  6/27/00

  	
   

  	
  33

  	
   

  	
  49.4

  	
   

  
	
  6/28/00 –
  7/3/00

  	
   

  	
  52

  	
   

  	
  50

  	
   

  
	
  7/8/00 –
  7/13/00

  	
   

  	
  36

  	
   

  	
  48.3

  	
   

  
	
  7/13/00 –
  7/18/00

  	
   

  	
  32

  	
   

  	
  48.5

  	
   

  
	
  7/20/00 –
  7/25/00

  	
   

  	
  3

  	
   

  	
  50

  	
   

  
	
  7/26/00 –
  7/31/00

  	
   

  	
  5

  	
   

  	
  50

  	
   

  
	
  7/31/00 –
  8/5/00

  	
   

  	
  6

  	
   

  	
  39.6

  	
   

  
	
  8/5/00 –
  8/13/00

  	
   

  	
  45

  	
   

  	
  38.4

  	
   

  
	
  8/13/00 –
  8/18/00

  	
   

  	
  50

  	
   

  	
  39.1

  	
   

  
	
  8/18/00 –
  8/23/00

  	
   

  	
  25

  	
   

  	
  38

  	
   

  
	
  8/24/00 –
  8/29/00

  	
   

  	
  1

  	
   

  	
  34

  	
   

  
	
  9/6/00 –
  9/11/00

  	
   

  	
  2

  	
   

  	
  33.5

  	
   

  
	
  9/15/00 –
  9/20/00

  	
   

  	
  1

  	
   

  	
  31

  	
   

  
	
  10/18/00 –
  10/23/00

  	
   

  	
  1

  	
   

  	
  37

  	
   

  






 


21

















 


2000 CROOKSTON READINGS ABOVE 0.05 PPM
STANDARD


 




	
  DATES

  	
   

  	
  # of
  Readings Above

  Standard

  	
   

  	
  AVERAGE

  	
   

  
	
  8/6/00 –
  8/7/00

  	
   

  	
  2

  	
   

  	
  88.5

  	
   

  
	
  8/8/00 –
  8/9/00

  	
   

  	
  4

  	
   

  	
  88.2

  	
   

  
	
  8/10/00 –
  8/12/00

  	
   

  	
  24

  	
   

  	
  75.7

  	
   

  
	
  8/13/00 –
  8/15/00

  	
   

  	
  17

  	
   

  	
  77.8

  	
   

  
	
  8/17/00 –
  8/18/00

  	
   

  	
  6

  	
   

  	
  57.8

  	
   

  
	
  8/19/00 –
  8/22/00

  	
   

  	
  14

  	
   

  	
  81.8

  	
   

  
	
  8/24/00 –
  8/25/00

  	
   

  	
  3

  	
   

  	
  90

  	
   

  
	
  8/27/00 –
  8/28/00

  	
   

  	
  10

  	
   

  	
  90

  	
   

  
	
  8/29/00 –
  8/30/00

  	
   

  	
  6

  	
   

  	
  90

  	
   

  
	
  9/1/00

  	
   

  	
  6

  	
   

  	
  90

  	
   

  
	
  9/4/00

  	
   

  	
  1

  	
   

  	
  90

  	
   

  
	
  9/7/00 –
  9/9/00

  	
   

  	
  6

  	
   

  	
  90

  	
   

  
	
  9/10/00

  	
   

  	
  5

  	
   

  	
  90

  	
   

  
	
  9/13/00

  	
   

  	
  2

  	
   

  	
  90

  	
   

  
	
  9/15/00

  	
   

  	
  1

  	
   

  	
  90

  	
   

  
	
  9/16/00 –
  9/18/00

  	
   

  	
  23

  	
   

  	
  90

  	
   

  
	
  9/28/00 –
  9/30/00

  	
   

  	
  17

  	
   

  	
  90

  	
   

  
	
  10/10/00 –
  10/13/00

  	
   

  	
  20

  	
   

  	
  88.3

  	
   

  
	
  10/18/00 –
  10/19/00

  	
   

  	
  14

  	
   

  	
  90

  	
   

  
	
  10/23/00 –
  10/26/00

  	
   

  	
  16

  	
   

  	
  90

  	
   

  






 


22

















 


The Regulated Party collected H2S data from April 2001,
through October 2001.  The following
tables summarize the readings above the standard documented during the
monitoring period:


 


2001 CROOKSTON READINGS ABOVE THE 0.03 PPM
STANDARD


 




	
  DATES

  	
   

  	
  # of
  Readings Above 0.03

  Standard

  	
   

  	
  AVERAGE

  	
   

  
	
  4/6/01 –
  4/11/01

  	
   

  	
  17

  	
   

  	
  39.6

  	
   

  
	
  4/12/01 –
  4/17/01

  	
   

  	
  9

  	
   

  	
  41.3

  	
   

  
	
  4/18/01 –
  4/23/01

  	
   

  	
  2

  	
   

  	
  34.5

  	
   

  
	
  4/23/01 –
  4/28/01

  	
   

  	
  25

  	
   

  	
  43.2

  	
   

  
	
  4/29/01 –
  5/4/01

  	
   

  	
  24

  	
   

  	
  42

  	
   

  
	
  5/4/01 –
  5/9/01

  	
   

  	
  40

  	
   

  	
  39.1

  	
   

  
	
  5/9/01 –
  5/14/01

  	
   

  	
  52

  	
   

  	
  37.7

  	
   

  
	
  5/15/01 –
  5/20/01

  	
   

  	
  36

  	
   

  	
  37.9

  	
   

  
	
  5/20/01 –
  5/25/01

  	
   

  	
  41

  	
   

  	
  39.9

  	
   

  
	
  5/27/01 –
  6/1/01

  	
   

  	
  54

  	
   

  	
  40

  	
   

  
	
  6/2/01 –
  6/7/01

  	
   

  	
  85

  	
   

  	
  40.1

  	
   

  
	
  6/7/01 –
  6/12/01

  	
   

  	
  29

  	
   

  	
  37.5

  	
   

  
	
  6/13/01 –
  6/18/01

  	
   

  	
  48

  	
   

  	
  40.3

  	
   

  
	
  6/21/01 –
  6/26/01

  	
   

  	
  16

  	
   

  	
  37.3

  	
   

  
	
  6/28/01 –
  7/3/01

  	
   

  	
  1

  	
   

  	
  31

  	
   

  
	
  7/18/01 –
  7/23/01

  	
   

  	
  1

  	
   

  	
  42

  	
   

  
	
  7/26/01 –
  7/31/01

  	
   

  	
  10

  	
   

  	
  39.9

  	
   

  
	
  8/3/01 –
  8/8/01

  	
   

  	
  40

  	
   

  	
  38.5

  	
   

  
	
  8/8/01 –
  8/13/01

  	
   

  	
  2

  	
   

  	
  36.5

  	
   

  
	
  8/22/01 –
  8/27/01

  	
   

  	
  14

  	
   

  	
  41.8

  	
   

  
	
  8/29/01 –
  9/3/01

  	
   

  	
  6

  	
   

  	
  37.6

  	
   

  
	
  9/4/01 –
  9/9/01

  	
   

  	
  7

  	
   

  	
  43

  	
   

  
	
  9/15/01 –
  9/20/01

  	
   

  	
  9

  	
   

  	
  41.3

  	
   

  
	
  9/20/01 –
  9/25/01

  	
   

  	
  7

  	
   

  	
  32.8

  	
   

  
	
  9/25/01 –
  9/30/01

  	
   

  	
  37

  	
   

  	
  37.2

  	
   

  
	
  10/1/01 –
  10/6/01

  	
   

  	
  11

  	
   

  	
  37.4

  	
   

  
	
  10/31/01

  	
   

  	
  2

  	
   

  	
  31

  	
   

  






 


23

















 


2001 CROOKSTON READINGS ABOVE THE 0.05 PPM
STANDARD


 




	
  DATES

  	
   

  	
  # of
  Readings Above 0.05

  Standard

  	
   

  	
  AVERAGE

  	
   

  
	
  4/7/01

  	
   

  	
  5

  	
   

  	
  80.2

  	
   

  
	
  4/9/01

  	
   

  	
  1

  	
   

  	
  54

  	
   

  
	
  4/23/01 –
  5/1/01

  	
   

  	
  225

  	
   

  	
  86.1

  	
   

  
	
  5/3/01 –
  5/10/01

  	
   

  	
  202

  	
   

  	
  86.4

  	
   

  
	
  5/11/01 –
  5/16/01

  	
   

  	
  172

  	
   

  	
  88.7

  	
   

  
	
  5/18/01 –
  5/22/01

  	
   

  	
  55

  	
   

  	
  75.6

  	
   

  
	
  5/27/01 –
  6/1/01

  	
   

  	
  71

  	
   

  	
  66.5

  	
   

  
	
  6/4/01 –
  6/18/01

  	
   

  	
  283

  	
   

  	
  78.6

  	
   

  
	
  6/20/01 –
  6/21/01

  	
   

  	
  5

  	
   

  	
  75

  	
   

  
	
  6/25/01 –
  6/26/01

  	
   

  	
  11

  	
   

  	
  77.7

  	
   

  
	
  7/21/01 –
  7/22/01

  	
   

  	
  9

  	
   

  	
  90

  	
   

  
	
  8/3/01 –
  8/5/01

  	
   

  	
  22

  	
   

  	
  63.8

  	
   

  
	
  8/7/01 –
  8/8/01

  	
   

  	
  11

  	
   

  	
  86.5

  	
   

  
	
  8/23/01 –
  8/24/01

  	
   

  	
  24

  	
   

  	
  77.5

  	
   

  
	
  8/26/01

  	
   

  	
  3

  	
   

  	
  86.6

  	
   

  
	
  8/29/01

  	
   

  	
  6

  	
   

  	
  76.2

  	
   

  
	
  9/1/01

  	
   

  	
  14

  	
   

  	
  88.3

  	
   

  
	
  9/4/01 –
  9/5/01

  	
   

  	
  5

  	
   

  	
  64.6

  	
   

  
	
  9/17/01

  	
   

  	
  1

  	
   

  	
  54

  	
   

  
	
  9/19/01 –
  9/20/01

  	
   

  	
  9

  	
   

  	
  64.2

  	
   

  
	
  9/25/01 –
  9/27/01

  	
   

  	
  8

  	
   

  	
  81.4

  	
   

  
	
  9/29/01

  	
   

  	
  9

  	
   

  	
  53.2

  	
   

  
	
  10/8/01

  	
   

  	
  2

  	
   

  	
  90

  	
   

  
	
  10/21/01

  	
   

  	
  1

  	
   

  	
  90

  	
   

  






 


During the period of May 27, 1999, through September 30, 1999, Crookston
recorded exceedence events which demonstrated three hundred and fifteen(315)
exceedances of the 0.03 ppm standard contained in Minn. R. 7009.0080.


 


During the period of May 27, 1999, through September 30, 1999,
Crookston recorded exceedence events which demonstrated one hundred and
sixty-five(165) exceedances of the 0.05 ppm standard contained in Minn. R.
7009.0080.


 


During the period of April 2000 through October 2000, Crookston
recorded exceedence events which demonstrated five hundred and sixty-nine (569)
exceedances of the 0.03 ppm standard contained in Minn. R. 7009.0080.


 


24

















 


During the period of April 2000 through October
2000, Crookston recorded exceedence events which demonstrated one hundred and ninety-seven
(197) exceedances of the 0.05 ppm standard contained in Minn. R. 7009.0080.


 


During
the period of April 2001 through October 2001, Crookston recorded exceedence
events which demonstrated six hundred and twenty-five (625) exceedances of the
0.03 ppm standard contained in Minn. R. 7009.0080.


 


During the period of April 2001 through October
2001, Crookston recorded exceedence events which demonstrated one thousand one
hundred and fifty-four (1,154) exceedances of the 0.05 ppm standard contained
in Minn. R. 7009.0080.


 


2)             Exhibit M - Ambient Air
Monitoring Procedures for Determination of Compliance.


 


...


 


Part 6.  Data Submittal


 


...


 


C)            Data Validation


 


The requirement for data recovery is 75 percent of all data possible
from each sampling quarter for automated and manual methods.  Minimum recovery for the meteorological
parameters of wind speed and wind direction is 80 percent from each sampling
quarter.


 


...


 


Crookston’s H2S Monitoring Summary for the period of May 27,
1999, through September 30, 1999, reported that Monitor C1 collected a total of
4,119 out of 6,336 possible values (65 percent) and Monitor C3 collected a
total of 3,942 out of 6,336 possible values (62 percent).  Monitors C1 and C3 failed to meet the
minimum data recovery requirement.


 


Moorhead


 


1)             7009.0080 STATE
AMBIENT AIR QUALITY STANDARDS.


 


The following table contains the state ambient air quality standards.


 


	
  Pollutant/

  Air Contaminant

  	
   

  	
  Primary

  Standard

  	
   

  	
  Secondary

  Standard

  	
   

  	
  Remarks

  
	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  Hydrogen Sulfide

  	
   

  	
  0.05 ppm by volume (70.0 micrograms per cubic meter)

  	
   

  	
   

  	
   

  	
  1/2 hour
  average not to be exceeded over 2 times per year

  
	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
  0.03 ppm by volume (42.0 micrograms per cubic meter)

  	
   

  	
   

  	
   

  	
  1/2 hour
  average not to be exceeded over 2 times in any 5 consecutive days

  



 


25

















 


The Regulated Party collected H2S data, at Moorhead, from
May 27, 1999, through September 30, 1999.  
The following tables summarize the readings above the standard
documented during the monitoring period.


 


1999 MOORHEAD READINGS ABOVE 0.03 PPM
STANDARD


 




	
  DATES

  	
   

  	
  # of
  Readings Above

  Standard

  	
   

  	
  AVERAGE

  	
   

  
	
  5/28/99-6/1/99

  	
   

  	
  7

  	
   

  	
  32 ppb

  	
   

  
	
  6/1/99-6/5/99

  	
   

  	
  10

  	
   

  	
  36 ppb

  	
   

  
	
  6/6/99-6/10/99

  	
   

  	
  20

  	
   

  	
  37 ppb

  	
   

  
	
  6/25/99-6/29/99

  	
   

  	
  1

  	
   

  	
  39 ppb

  	
   

  
	
  7/5/99-7/9/99

  	
   

  	
  4

  	
   

  	
  37 ppb

  	
   

  
	
  7/10/99-7/14/99

  	
   

  	
  1

  	
   

  	
  32 ppb

  	
   

  
	
  9/9/99-9/13/99

  	
   

  	
  9

  	
   

  	
  36 ppb

  	
   

  
	
  9/14/99-9/18/99

  	
   

  	
  11

  	
   

  	
  40 ppb

  	
   

  






 


1999 MOORHEAD READINGS ABOVE 0.05 PPM
STANDARD


 




	
  DATES

  	
   

  	
  # of
  Readings Above

  Standard

  	
   

  	
  AVERAGE

  	
   

  
	
  5/31/99

  	
   

  	
  1

  	
   

  	
  90 ppb

  	
   

  
	
  6/6/99

  	
   

  	
  8

  	
   

  	
  78 ppb

  	
   

  
	
  6/7/99-6/9/99

  	
   

  	
  4

  	
   

  	
  61 ppb

  	
   

  
	
  9/12/99

  	
   

  	
  14

  	
   

  	
  90 ppb

  	
   

  
	
  9/15/99

  	
   

  	
  2

  	
   

  	
  61 ppb

  	
   

  
	
  9/18/99-9/20/99

  	
   

  	
  37

  	
   

  	
  89 ppb

  	
   

  






 


26

















 


The Regulated Party collected H2S data from April 2000,
through October 2000.  The following
tables summarize the readings above the standard documented during the
monitoring period:


 


2000 MOORHEAD READINGS ABOVE 0.03 PPM
STANDARD


 




	
  DATES

  	
   

  	
  # of
  Readings Above

  Standard

  	
   

  	
  AVERAGE

  	
   

  
	
  5/10/00 –
  5/15/00

  	
   

  	
  51

  	
   

  	
  43.8

  	
   

  
	
  5/17/00 –
  5/22/00

  	
   

  	
  32

  	
   

  	
  49.5

  	
   

  
	
  5/22/00 –
  5/27/00

  	
   

  	
  25

  	
   

  	
  47.6

  	
   

  
	
  5/30/00 –
  6/4/00

  	
   

  	
  9

  	
   

  	
  42

  	
   

  
	
  6/10/00 –
  6/15/00

  	
   

  	
  29

  	
   

  	
  49.3

  	
   

  
	
  6/18/00 –
  6/23/00

  	
   

  	
  64

  	
   

  	
  49.3

  	
   

  
	
  6/27/00 –
  7/2/00

  	
   

  	
  82

  	
   

  	
  48.8

  	
   

  
	
  7/2/00 –
  7/7/00

  	
   

  	
  138

  	
   

  	
  49.9

  	
   

  
	
  7/9/00 –
  7/14/00

  	
   

  	
  40

  	
   

  	
  50

  	
   

  
	
  7/20/00 –
  7/25/00

  	
   

  	
  26

  	
   

  	
  50

  	
   

  
	
  8/12/00 –
  8/17/00

  	
   

  	
  7

  	
   

  	
  48

  	
   

  
	
  8/22/00 –
  8/27/00

  	
   

  	
  6

  	
   

  	
  34.8

  	
   

  
	
  9/7/00 –
  9/12/00

  	
   

  	
  3

  	
   

  	
  36.3

  	
   

  
	
  9/12/00 –
  9/17/00

  	
   

  	
  5

  	
   

  	
  40

  	
   

  
	
  9/24/00 –
  9/29/00

  	
   

  	
  8

  	
   

  	
  33

  	
   

  
	
  10/16/00 –
  10/21/00

  	
   

  	
  5

  	
   

  	
  37.8

  	
   

  
	
  10/21/00 –
  10/26/00

  	
   

  	
  2

  	
   

  	
  38.5

  	
   

  






 


2000 MOORHEAD READINGS ABOVE 0.05 PPM
STANDARD


 




	
  DATES

  	
   

  	
  # of
  Readings Above

  Standard

  	
   

  	
  AVERAGE

  	
   

  
	
  8/23/00 –
  8/26/00

  	
   

  	
  35

  	
   

  	
  90

  	
   

  
	
  9/4/00 –
  9/21/00

  	
   

  	
  261

  	
   

  	
  88.9

  	
   

  
	
  9/24/00

  	
   

  	
  1

  	
   

  	
  51

  	
   

  
	
  9/27/00 –
  10/2/00

  	
   

  	
  190

  	
   

  	
  90

  	
   

  
	
  10/5/00

  	
   

  	
  2

  	
   

  	
  90

  	
   

  
	
  10/10/00 –
  10/11/00

  	
   

  	
  15

  	
   

  	
  90

  	
   

  
	
  10/12/00

  	
   

  	
  2

  	
   

  	
  90

  	
   

  
	
  10/17/00 –
  1023/00

  	
   

  	
  56

  	
   

  	
  87.7

  	
   

  






 


27

















 


The Regulated Party collected H2S
data from April 2001, through October 2001. 
The following tables summarize the readings above the standard
documented during the monitoring period:


 


2001 MOORHEAD READINGS ABOVE 0.03 PPM
STANDARD


 




	
  DATES

  	
   

  	
  # of
  Exceedances

  	
   

  	
  AVERAGE

  	
   

  
	
  4/30/01 –
  5/5/01

  	
   

  	
  16

  	
   

  	
  39.8

  	
   

  
	
  5/8/01 –
  5/13/01

  	
   

  	
  2

  	
   

  	
  33

  	
   

  
	
  5/30/01 –
  6/4/01

  	
   

  	
  7

  	
   

  	
  34

  	
   

  
	
  6/4/01 –
  6/9/01

  	
   

  	
  22

  	
   

  	
  39

  	
   

  
	
  6/27/01 –
  7/2/01

  	
   

  	
  2

  	
   

  	
  46

  	
   

  
	
  9/14/01 –
  9/19/01

  	
   

  	
  42

  	
   

  	
  38.5

  	
   

  
	
  9/20/01 –
  9/25/01

  	
   

  	
  17

  	
   

  	
  36.8

  	
   

  
	
  9/25/01 –
  9/30/01

  	
   

  	
  1

  	
   

  	
  33

  	
   

  
	
  10/6/01 –
  10/11/01

  	
   

  	
  10

  	
   

  	
  37.8

  	
   

  






 


2001 MOORHEAD READINGS ABOVE 0.05 PPM
STANDARD


 




	
  DATES

  	
   

  	
  # of
  Exceedances

  	
   

  	
  AVERAGE

  	
   

  
	
  5/5/01

  	
   

  	
  10

  	
   

  	
  71.1

  	
   

  
	
  6/4/01

  	
   

  	
  2

  	
   

  	
  52

  	
   

  
	
  9/1/01
  –  9/7/01

  	
   

  	
  180

  	
   

  	
  89.9

  	
   

  
	
  9/9/01 –
  9/10/01

  	
   

  	
  31

  	
   

  	
  90

  	
   

  
	
  9/11/01 –
  9/23/01

  	
   

  	
  227

  	
   

  	
  86.3

  	
   

  
	
  9/24/01

  	
   

  	
  2

  	
   

  	
  90

  	
   

  
	
  9/25/01 –
  9/30/01

  	
   

  	
  61

  	
   

  	
  89.7

  	
   

  
	
  10/2/01

  	
   

  	
  8

  	
   

  	
  86.3

  	
   

  
	
  10/9/01 –
  10/10/01

  	
   

  	
  8

  	
   

  	
  90

  	
   

  
	
  10/11/01

  	
   

  	
  7

  	
   

  	
  90

  	
   

  
	
  10/17/01

  	
   

  	
  3

  	
   

  	
  80

  	
   

  






 


During the period of May 27, 1999, through September 30, 1999, Moorhead
recorded exceedence events which demonstrated sixty two (62) violations of
Minn. R. 7009.0080.


 


During the period of May 27, 1999, through September 30, 1999, Moorhead
recorded exceedence events which demonstrated sixty six (66) violations of
Minn. R. 7009.0080.


 


During the period of April 2000 through October 2000, Moorhead recorded
exceedence events which demonstrated five hundred and thirty-two (532)
exceedences of the 0.03 ppm standard contained in Minn. R. 7009.0080.


 


28

















 


During the period of April 2000 through October 2000, Moorhead recorded
exceedence events which demonstrated five hundred and sixty-two (562)
exceedences of the 0.05 ppm standard contained in Minn. R. 7009.0080.


 


During the period of April 2001 through October 2001, Moorhead recorded
exceedence events which demonstrated one hundred and nineteen (119) exceedences
of the 0.03 ppm standard contained in Minn. R. 7009.0080.


 


During the period of April 2001 through October 2001, Moorhead recorded
exceedence events which demonstrated five hundred and thirty nine (539)
exceedences of the 0.05 ppm standard contained in Minn. R. 7009.0080.


 


2)             Exhibit M – Ambient
Air Monitoring Procedures for Determination of Compliance.


 


...


 


Part 6. Data Submittal


 


...


 


C)            Data Validation


 


The requirement for data recovery is 75 percent of all data possible
from each sampling quarter for automated and manual methods.  Minimum recovery for the meteorological
parameters of wind speed and wind direction is 80 percent from each sampling
quarter.


 


...


 


Moorhead’s H2S Monitoring Summary for the period of May 27,
1999, through September 30, 1999, reported that Monitor C1 collected a total of
3,224 out of 6,336 possible values (51 percent); Monitor C2 collected a total
of 4,335 out of 6,336 possible values (68 percent); and Monitor C3 collected a
total of 2,652 out of 6,336 possible values (42 percent).  Monitors C1, C2 and C3 failed to meet the
minimum data recovery requirement.


 


3)             Minn. R. 7011.0610
STANDARDS OF PERFORMANCE FOR FOSSIL-FUEL-BURNING DIRECT HEATING EQUIPMENT.


 


Subpart 1. Particulate limitations. 
Particulate limitations:


 


A. No owner or operator of any direct heating equipment shall cause to
be discharged into the atmosphere from the direct heating equipment any gases
which:


 


(1) contain particulate matter in excess of the limits allowed by parts
7011.0700 to 7011.0735; or


 


29

















 


...


 


Air Emission Permit No. 0270000-004


 


Subject Item:
EU 004 Vertical Lime Kiln


 


Emission and
Operational Limits:


 


Particulate Matter < 10 Micron: 
less than or equal to 5.0 lbs/hour during normal operation.


 


Total Particulate Matter:  less than or equal to 5.0 lbs/hour during
normal operation.


 


Total Particulate Matter:  less
then or equal to 0.3 grains/dry standard cubic foot of exhaust gas unless
required to further reduce emissions to comply with the less stringent limit of
either Minn. R. 7011.0730 or Minn. R. 7011.0735.


 


On September 30, 1999, the Regulated Party conducted performance
testing on the Lime Kiln during normal operation.  On October 14, 1999, the MPCA received the test report for
the September 30, 1999, performance tests. 
The test report demonstrated the following Lime Kiln emissions: PM of
9.6 lb/hr (92 percent over); PM10 of 9.9 lb/hr (98 percent over);
and PM grain loading of 0.53 gr/dscf (76 percent over).  The Regulated Party’s Lime Kiln failed to
demonstrate compliance with the applicable PM, PM10 and PM grain
loading limits.


 


East Grand Forks


 


1)             7009.0080 STATE
AMBIENT AIR QUALITY STANDARDS.


 


The following table contains the state ambient air quality standards.


 


	
  Pollutant/

  Air Contaminant

  	
   

  	
  Primary

  Standard

  	
   

  	
  Secondary

  Standard

  	
   

  	
  Remarks

  
	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  Hydrogen Sulfide

  	
   

  	
  0.05 ppm by volume (70.0 micrograms per cubic meter)

  	
   

  	
   

  	
   

  	
  1/2 hour
  average not to be exceeded over 2 times per year

  
	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
  0.03 ppm by volume (42.0 micrograms per cubic meter)

  	
   

  	
   

  	
   

  	
  1/2 hour
  average not to be exceeded over 2 times in any 5 consecutive days

  



 


30

















 


The Regulated Party collected H2S
data from June 12, 2000, through October 31, 2000.  The following tables summarize the readings above the standard
documented during the monitoring period:


 


2000 E. GRAND FORKS READINGS ABOVE 0.03 PPM
STANDARD


 




	
  DATES

  	
   

  	
  # of
  Readings Above

  Standard

  	
   

  	
  AVERAGE

  	
   

  
	
  4/24/00 –
  4/29/00

  	
   

  	
  168

  	
   

  	
  50

  	
   

  
	
  4/29/00 –
  5/4/00

  	
   

  	
  38

  	
   

  	
  43.2

  	
   

  
	
  5/15/00 –
  5/20/00

  	
   

  	
  1

  	
   

  	
  40.5

  	
   

  
	
  5/26/00 –
  5/31/00

  	
   

  	
  34

  	
   

  	
  42.5

  	
   

  
	
  6/3/00 –
  6/8/00

  	
   

  	
  18

  	
   

  	
  42.6

  	
   

  
	
  6/13/00 –
  6/18/00

  	
   

  	
  2

  	
   

  	
  40.5

  	
   

  
	
  6/19/00 –
  6/24/00

  	
   

  	
  29

  	
   

  	
  45.3

  	
   

  
	
  6/24/00 –
  6/29/00

  	
   

  	
  8

  	
   

  	
  41.2

  	
   

  
	
  6/29/00 –
  7/4/00

  	
   

  	
  57

  	
   

  	
  46.2

  	
   

  
	
  7/4/00 –
  7/9/00

  	
   

  	
  56

  	
   

  	
  45.7

  	
   

  
	
  7/9/00 –
  7/14/00

  	
   

  	
  31

  	
   

  	
  47.9

  	
   

  
	
  7/15/00 –
  7/20/00

  	
   

  	
  61

  	
   

  	
  44.9

  	
   

  
	
  7/29/00  8/3/00

  	
   

  	
  24

  	
   

  	
  40.3

  	
   

  
	
  8/3/00 –
  8/8/00

  	
   

  	
  5

  	
   

  	
  41

  	
   

  
	
  8/10/00 –
  8/15/00

  	
   

  	
  9

  	
   

  	
  35.4

  	
   

  
	
  8/16/00 –
  8/21/00

  	
   

  	
  25

  	
   

  	
  38.8

  	
   

  
	
  8/21/00 –
  8/26/00

  	
   

  	
  14

  	
   

  	
  35.9

  	
   

  
	
  8/26/00 –
  8/31/00

  	
   

  	
  6

  	
   

  	
  41.3

  	
   

  
	
  9/2/00 –
  9/7/00

  	
   

  	
  1

  	
   

  	
  44

  	
   

  
	
  9/7/00 –
  9/12/00

  	
   

  	
  18

  	
   

  	
  41.3

  	
   

  
	
  9/12/00 –
  9/17/00

  	
   

  	
  6

  	
   

  	
  36.8

  	
   

  
	
  9/19/00 –
  9/24/00

  	
   

  	
  8

  	
   

  	
  44.2

  	
   

  
	
  9/25/00 –
  9/30/00

  	
   

  	
  32

  	
   

  	
  38.8

  	
   

  
	
  9/30/00 –
  10/5/00

  	
   

  	
  1

  	
   

  	
  46

  	
   

  
	
  10/16/00 –
  10/21/00

  	
   

  	
  3

  	
   

  	
  34

  	
   

  
	
  10/22/00 –
  10/27/00

  	
   

  	
  18

  	
   

  	
  39.4

  	
   

  
	
  10/29/00 –
  10/31/00

  	
   

  	
  57

  	
   

  	
  39.5

  	
   

  






 


31

















 


2000 E. GRAND FORKS READINGS ABOVE 0.05 PPM
STANDARD


 




	
  DATES

  	
   

  	
  # of Readings Above

  Standard

  	
   

  	
  AVERAGE

  	
   

  
	
  8/10/00

  	
   

  	
  1

  	
   

  	
  51

  	
   

  
	
  8/14/00

  	
   

  	
  3

  	
   

  	
  90

  	
   

  
	
  8/16/00 –
  8/17/00

  	
   

  	
  12

  	
   

  	
  78

  	
   

  
	
  8/19/00 –
  8/21/00

  	
   

  	
  13

  	
   

  	
  60.4

  	
   

  
	
  8/22/00 –
  8/30/00

  	
   

  	
  300

  	
   

  	
  87.5

  	
   

  
	
  8/31/00 –
  9/13/00

  	
   

  	
  308

  	
   

  	
  87.4

  	
   

  
	
  9/15/00 –
  9/19/00

  	
   

  	
  121

  	
   

  	
  89.2

  	
   

  
	
  9/21/00

  	
   

  	
  29

  	
   

  	
  88.8

  	
   

  
	
  9/23/00 –
  9/25/00

  	
   

  	
  38

  	
   

  	
  78.4

  	
   

  
	
  9/27/00 –
  9/29/00

  	
   

  	
  20

  	
   

  	
  63.5

  	
   

  
	
  9/30/00 –
  10/1/00

  	
   

  	
  21

  	
   

  	
  74.8

  	
   

  
	
  10/23/00

  	
   

  	
  1

  	
   

  	
  90

  	
   

  
	
  10/25/00

  	
   

  	
  6

  	
   

  	
  78

  	
   

  
	
  10/29/00

  	
   

  	
  2

  	
   

  	
  66

  	
   

  
	
  10/30/00 –
  10/31/00

  	
   

  	
  19

  	
   

  	
  70.6

  	
   

  






 


32

















 


The Regulated Party collected H2S data from April 2001
through October 2001.  The following
tables summarize the readings above the standard documented during the
monitoring period:


 


2001 E. GRAND FORKS READINGS ABOVE 0.03 PPM
STANDARD


 




	
  DATES

  	
   

  	
  # of Readings Above

  Standard

  	
   

  	
  AVERAGE

  	
   

  
	
  4/24/01 –
  4/29/01

  	
   

  	
  34

  	
   

  	
  38.3

  	
   

  
	
  4/30/01 –
  5/5/01

  	
   

  	
  20

  	
   

  	
  39.3

  	
   

  
	
  5/6/01 –
  5/11/01

  	
   

  	
  7

  	
   

  	
  39

  	
   

  
	
  5/11/01 –
  5/16/01

  	
   

  	
  24

  	
   

  	
  37.7

  	
   

  
	
  5/16/01
  –5/21/01

  	
   

  	
  32

  	
   

  	
  40.6

  	
   

  
	
  5/26/01 –
  5/31/01

  	
   

  	
  17

  	
   

  	
  37

  	
   

  
	
  5/31/01 –
  6/5/01

  	
   

  	
  11

  	
   

  	
  43.4

  	
   

  
	
  6/6/01 –
  6/11/01

  	
   

  	
  45

  	
   

  	
  39.5

  	
   

  
	
  6/11/01 –
  6/16/01

  	
   

  	
  21

  	
   

  	
  40.8

  	
   

  
	
  6/17/01 –
  6/22/ 01

  	
   

  	
  20

  	
   

  	
  38.6

  	
   

  
	
  6/22/01 –
  6/27/01

  	
   

  	
  48

  	
   

  	
  41.6

  	
   

  
	
  6/27/01 –
  7/2/01

  	
   

  	
  31

  	
   

  	
  39.3

  	
   

  
	
  7/3/01 –
  7/8/01

  	
   

  	
  14

  	
   

  	
  38.3

  	
   

  
	
  7/8/01 –
  7/13/01

  	
   

  	
  3

  	
   

  	
  45.3

  	
   

  
	
  7/14/01 –
  7/19/01

  	
   

  	
  26

  	
   

  	
  36.7

  	
   

  
	
  7/19/01 –
  7/24/01

  	
   

  	
  1

  	
   

  	
  35

  	
   

  
	
  7/26/01 –
  7/31/01

  	
   

  	
  10

  	
   

  	
  37.7

  	
   

  
	
  8/7/01 –
  8/12/01

  	
   

  	
  21

  	
   

  	
  41.9

  	
   

  
	
  8/13/01 –
  8/18/01

  	
   

  	
  16

  	
   

  	
  38.9

  	
   

  
	
  8/25/01 –
  8/30/01

  	
   

  	
  20

  	
   

  	
  35.9

  	
   

  
	
  8/31/01 –
  9/5/01

  	
   

  	
  42

  	
   

  	
  37.4

  	
   

  
	
  9/5/01 –
  9/10/01

  	
   

  	
  12

  	
   

  	
  34.1

  	
   

  
	
  9/10/01 –
  9/15/01

  	
   

  	
  7

  	
   

  	
  38.6

  	
   

  
	
  9/15/01 –
  9/20/01

  	
   

  	
  15

  	
   

  	
  40.6

  	
   

  
	
  9/20/01 –
  9/25/01

  	
   

  	
  5

  	
   

  	
  38.8

  	
   

  
	
  9/26/01 –
  10/ 1/ 01

  	
   

  	
  36

  	
   

  	
  42.7

  	
   

  
	
  10/3/01 –
  10/8/01

  	
   

  	
  28

  	
   

  	
  41.2

  	
   

  
	
  10/8/01 –
  10/13/01

  	
   

  	
  9

  	
   

  	
  35.3

  	
   

  






 


33

















 


2001 E. GRAND FORKS EXCEEDANCES OF 0.05 PPM
STANDARD


 




	
  DATES

  	
   

  	
  # of Exceedances

  	
   

  	
  AVERAGE

  	
   

  
	
  4/27/01 –
  4/28/01

  	
   

  	
  31

  	
   

  	
  74.3

  	
   

  
	
  4/30/01 –
  5/2/01

  	
   

  	
  50

  	
   

  	
  83.4

  	
   

  
	
  5/4/01 –
  5/9/01

  	
   

  	
  209

  	
   

  	
  89.3

  	
   

  
	
  5/11/01 –
  5/21/01

  	
   

  	
  229

  	
   

  	
  83.1

  	
   

  
	
  5/27/01

  	
   

  	
  3

  	
   

  	
  66.6

  	
   

  
	
  5/30/01 –
  5/31/01

  	
   

  	
  45

  	
   

  	
  74.7

  	
   

  
	
  6/3/01 –
  6/12/01

  	
   

  	
  144

  	
   

  	
  74.3

  	
   

  
	
  6/15/01 –
  6/20/01

  	
   

  	
  44

  	
   

  	
  73

  	
   

  
	
  6/21/01 –
  6/26/01

  	
   

  	
  98

  	
   

  	
  75.8

  	
   

  
	
  6/28/01 –
  6/29/01

  	
   

  	
  12

  	
   

  	
  72.8

  	
   

  
	
  7/2/01

  	
   

  	
  2

  	
   

  	
  70

  	
   

  
	
  7/3/01

  	
   

  	
  2

  	
   

  	
  60

  	
   

  
	
  7/14/01

  	
   

  	
  3

  	
   

  	
  80.3

  	
   

  
	
  7/16/01

  	
   

  	
  1

  	
   

  	
  90

  	
   

  
	
  7/17/01

  	
   

  	
  7

  	
   

  	
  74

  	
   

  
	
  7/22/01

  	
   

  	
  1

  	
   

  	
  90

  	
   

  
	
  7/26/01

  	
   

  	
  6

  	
   

  	
  62.8

  	
   

  
	
  8/7/01 –
  8/8/01

  	
   

  	
  5

  	
   

  	
  57.4

  	
   

  
	
  8/10/01

  	
   

  	
  3

  	
   

  	
  51.6

  	
   

  
	
  9/1/01

  	
   

  	
  18

  	
   

  	
  85.8

  	
   

  
	
  9/3/01 –
  9/5/01

  	
   

  	
  30

  	
   

  	
  67.8

  	
   

  
	
  9/10/01 –
  9/11/01

  	
   

  	
  26

  	
   

  	
  87.8

  	
   

  
	
  9/14/01 –
  9/17/01

  	
   

  	
  103

  	
   

  	
  86.7

  	
   

  
	
  9/18/01 –
  9/22/01

  	
   

  	
  138

  	
   

  	
  89.8

  	
   

  
	
  9/24/01 –
  9/29/01

  	
   

  	
  193

  	
   

  	
  79.8

  	
   

  
	
  9/30/01 – 10/1/01

  	
   

  	
  9

  	
   

  	
  55

  	
   

  
	
  10/3/01

  	
   

  	
  3

  	
   

  	
  71.3

  	
   

  
	
  10/6/01 –
  10/7/01

  	
   

  	
  3

  	
   

  	
  54.6

  	
   

  






 


During the period of June 12, 2000, through October 31, 2000, East
Grand Forks recorded exceedence events which demonstrated seven hundred and
thirty (730) exceedences of the 0.03 ppm standard contained in
Minn. R. 7009.0080.


 


During the period of June 12, 2000, through
October 31, 2000, East Grand Forks recorded exceedence events which
demonstrated eight hundred and ninety-four (894) exceedences of the 0.05 ppm
standard contained in Minn. R. 7009.0080.


 


During the period of April 2001 through
October 2001, East Grand Forks recorded exceedence events which demonstrated
five hundred and seventy-five (575) exceedences of the 0.03 ppm standard
contained in Minn. R. 7009.0080.


 


34

















 


During the period of April 2001 through October 2001, East Grand Forks
recorded exceedence events which demonstrated one thousand four hundred and
eighteen (1,418) exceedences of the 0.05 ppm standard contained in Minn. R. 7009.0080.


 


2)             Air Emission Permit
No. 11900002-001


 


Visible Emissions Monitoring: 
the Permittee shall perform a visible emission check on each stack/vent
listed above under Associated Items once each day while its associated emission
unit is in operation (during daylight hours). 
A visible emission check shall consist of viewing the exhaust gas
exiting the stack and recording whether visible emissions are present or not.


 


Visible Emissions Recordkeeping: 
record the time and date of each visible emission inspection, and
whether or not any visible emissions were observed.  If visible emissions were observed, also record a brief
description of the type of corrective actions taken, and the time and date the
actions were taken.


 


35

















 


East Grand Forks’ 4th quarter 2000 EER/DRF demonstrates that
visible emission checks were missed throughout the quarter.  The following table summarizes the missed
visible emission checks:


 


	
  Emission

  Unit

  	
   

  	
  PCE

  	
   

  	
  Parameter

  	
   

  	
  Total

  Readings

  	
   

  	
  Missed

  Readings

  	
   

  	
  % Missed

  Readings

  	
   

  
	
  Remelt Conveyor Dust Control System

  	
   

  	
  Baghouse

  	
   

  	
  Visible

  	
   

  	
  78

  	
   

  	
  60

  	
   

  	
  43%

  	
   

  
	
  Pulp Pellet Loadout

  	
   

  	
  Baghouse

  	
   

  	
  Visible

  	
   

  	
  122

  	
   

  	
  31

  	
   

  	
  20%

  	
   

  
	
  Weibull Bin #1 Dust Control System

  	
   

  	
  Baghouse

  	
   

  	
  Visible

  	
   

  	
  138

  	
   

  	
  22

  	
   

  	
  14%

  	
   

  
	
  Weibull Bin #2 Dust Control System

  	
   

  	
  Baghouse

  	
   

  	
  Visible

  	
   

  	
  138

  	
   

  	
  22

  	
   

  	
  14%

  	
   

  
	
  Conveying Dust System

  	
   

  	
  Baghouse

  	
   

  	
  Visible

  	
   

  	
  138

  	
   

  	
  22

  	
   

  	
  14%

  	
   

  
	
  8A Screening Tower Central Vacuum

  	
   

  	
  Baghouse

  	
   

  	
  Visible

  	
   

  	
  138

  	
   

  	
  22

  	
   

  	
  14%

  	
   

  
	
  Weibull Bin #3 Dust Control System

  	
   

  	
  Baghouse

  	
   

  	
  Visible

  	
   

  	
  138

  	
   

  	
  22

  	
   

  	
  14%

  	
   

  
	
  Weibull Bin #3 Central Vacuum

  	
   

  	
  Baghouse

  	
   

  	
  Visible

  	
   

  	
  138

  	
   

  	
  22

  	
   

  	
  14%

  	
   

  
	
  Sugar Bagger Dust Control System

  	
   

  	
  Baghouse

  	
   

  	
  Visible

  	
   

  	
  138

  	
   

  	
  22

  	
   

  	
  14%

  	
   

  
	
  Screening Tower Dust Control System

  	
   

  	
  Baghouse

  	
   

  	
  Visible

  	
   

  	
  138

  	
   

  	
  22

  	
   

  	
  14%

  	
   

  



 


The Regulated Party failed to perform all of the visible emissions
checks as required by the EGF Permit.


 


Part 8.                                                           CIVIL
PENALTY.  The Regulated Party
agrees to pay one hundred and seventeen thousand dollars ($117,000) to the MPCA
as a civil penalty for the violations alleged in Part 7 within 30 days after
the effective date of this Agreement. 
Payment of the penalty amount of one hundred and seventeen thousand
dollars ($117,000) is to be by check or money order payable to the Minnesota
Pollution Control Agency.  The check
should be mailed to:  Enforcement
Penalty Coordinator, Metro District, Minnesota Pollution Control Agency, 520
Lafayette Road, St. Paul, Minnesota 55155-4194.


 


36

















 


If the Regulated Party fails to make timely payment, the MPCA may
assess and the Regulated Party agrees to pay a late payment charge, in addition
to the civil penalty, to be assessed as follows.  Forty-five (45) days after the effective date of this Agreement,
the Regulated Party shall be obligated to pay a late charge in an amount equal
to ten percent (10%) of the unpaid civil penalty.  Sixty (60) days after the effective date of this Agreement, the
Regulated Party shall be obligated to pay an additional late charge in an
amount equal to twenty percent (20%) of the unpaid civil penalty.


 


Part 9.                                                           REGULATED
PARTY REQUIREMENTS.  The
Regulated Party agrees to the following requirement:


 


a.                                       The
Regulated Party shall implement the Hydrogen Sulfide Monitoring and Corrective
Action Plan and schedule attached as Exhibit A to bring its Crookston, Moorhead
and East Grand Forks facilities into compliance with the hydrogen sulfide
standards.  Exhibit A is hereby
incorporated into and made an enforceable part of this Agreement.


 


Part 10.                                                    PENALTIES
FOR VIOLATIONS OF THIS AGREEMENT.


 


a.                                       If
the Regulated Party fails to comply with the deadlines contained in Parts 5.1.2
and 5.2.4, of the Plan (Exhibit A) required by Part 9. of this Agreement, the
Regulated Party shall pay to the MPCA a penalty in the amount of five hundred
dollars ($500) per requirement for each day of failure.  If the Regulated Party fails to comply with
the deadlines contained in Parts 5.2.2, 5.2.3 and 5.3.1, of the Plan (Exhibit
A) required by Part 9. of this Agreement, the Regulated Party shall pay to the
MPCA a penalty in the amount of seven hundred and fifty dollars ($750) per
requirement for each day of failure.  If
the Regulated Party fails to comply with the deadlines contained in Parts 5.2.1
and 5.3.2, of the Plan (Exhibit A) required by Part 9 of this Agreement, the
Regulated Party shall pay to the MPCA a penalty in the amount of one thousand
dollars ($1,000) per requirement for each day of failure.


 


Failure to comply with any other part of this Agreement or of Exhibit
A, including Attachment #1 shall be referred for routine enforcement action by
the MPCA.


 


37

















 


b.                                      Penalties
for failure to comply with requirements of Part 9 of this Agreement shall
accrue from the date the requirement was to have been fulfilled until the
Regulated Party fulfills the requirement. 
Penalties shall not accrue while the MPCA considers a timely extension
request under Part 15 or during dispute resolution under Part 13, unless the
MPCA determines that the Regulated Party filed the request or initiated dispute
resolution solely for purposes of delay. 
If the Regulated Party does not pursue dispute resolution under Part 13
for denial of a timely extension request, penalties shall accrue from the date
the Regulated Party receives the MPCA’s notice that the extension request is
denied.  If the Regulated Party pursues
dispute resolution for denial of an extension request and does not file a
timely challenge in a court of competent jurisdiction as provided by Part 13,
penalties shall accrue from the date the Regulated Party receives notice of a
Commissioner’s dispute resolution decision against the Regulated Party until
the requirement that is the subject of the extension request is fulfilled.


 


c.                                       The
Regulated Party shall pay a penalty under this Part within 30 days after
receiving written notice from the MPCA that the penalty is due.  The written notice shall specify the
provision of the Agreement that the Regulated Party has not fulfilled and
indicate the date penalties began to accrue. 
If the Regulated Party fails to make timely payment, the MPCA may assess
and the Regulated Party agrees to pay a late payment charge, in addition to the
stipulated penalty, to be assessed as follows. 
Forty-five (45) days after receipt of written notice, the Regulated
Party shall be obligated to pay a late charge in an amount equal to ten percent
(10%) of the unpaid stipulated penalty. 
Sixty (60) days after receipt of written notice, the Regulated Party
shall be obligated to pay an additional late charge in an amount equal to
twenty percent (20%) of the unpaid stipulated penalty.


 


d.                                      In
dispute resolution before the Commissioner under Part 13, the Regulated Party
can contest the factual basis for the MPCA’s determination that the Regulated
Party has not fulfilled a requirement of this Agreement covered by this
Part.  However, the Regulated Party
waives its right to challenge, on legal grounds, the requirement that it pay
penalties under this Part.


 


38

















 


e.                                       The
Regulated Party shall not be liable for payment of penalties for failure to
comply with requirements of Part 9 of this Agreement covered by this Part if it
has submitted to the MPCA a timely request for an extension of schedule under
Part 15 and the request has been granted. 
The MPCA’s grant of an extension of schedule waives the payment of
penalties covered by this Part only on the requirements for which an extension
of schedule is granted and only for the time period specified by the MPCA in
the grant of an extension.  An extension
of schedule for one requirement of Part 9 does not extend the schedule for any
other requirement of Part 9.


 


f.                                         Any
requirement of this Agreement may be enforced as provided in Minn. Stat. §
115.071 (1998).  Payment of a stipulated
penalty does not relieve the Regulated Party from its obligation to fulfill and
complete requirements under the Agreement and to otherwise comply with the
terms and conditions of the Agreement.


 


Part
11.                                                  COVENANT
NOT TO SUE  AND RESERVATION OF
REMEDIES. So long as the Regulated Party performs
according to and has complied with the terms, covenants, and agreements
contained in this Agreement, the MPCA agrees not to exercise any
administrative, legal or equitable remedies available to the MPCA with respect
to the Regulated Party to address the violations alleged and described in Part
7, in the Notices of Violation dated October 11, 1999 and April 5, 2001,
or any other violations of air quality statutes, rules, permits, or plans
related to hydrogen sulfide which the MPCA could have pleaded in a civil action
based on written information in the possession of the MPCA at the time this
Agreement becomes effective. In addition, for so long as the Regulated Party is
in compliance with the provisions of Part 5.0 of the Hydrogen Sulfide
Monitoring and Corrective Action plan and schedule attached as Exhibit A, the
MPCA agrees not to exercise any administrative, legal or equitable remedies
available to the MPCA to address future violations of the state ambient air
quality standards for hydrogen sulfide set forth in
Minn. Rule 7009.0080, until after the requirements of Part 5.0 of
Exhibit A are complete. The MPCA reserves the right to enforce this Agreement
or take any action authorized by law, if the Regulated Party fails to comply
with the terms and conditions of this Agreement. Further, the MPCA reserves the
right to seek to enjoin violations of this


 


39

















 


Agreement and to exercise its emergency powers pursuant to Minn. Stat.
§ 116.11 (1998) in the event conditions or the Regulated Party’s conduct
warrant such action.  Nothing in this
Agreement shall prevent the MPCA from exercising these rights nor shall
anything in this Agreement constitute a waiver of these rights.


 


The Regulated
Party agrees to waive all claims it may now have, as of the effective date of
this Agreement, under Minn. Stat. § 15.472 for fees and expenses arising
out of matters leading up to and addressed in this Agreement.


 


Part 12.                                                   REPEAT VIOLATIONS. Federal and state environmental programs
establish harsher penalties for violations of environmental laws or rules that
constitute repeat violations.  In a
proceeding by the MPCA to resolve alleged violations by the Regulated Party, if
any, occurring after the date of the alleged violations set out in Part 7 of
this Agreement, the Regulated Party may argue about the extent to which the
violations alleged in Part 7 of this Agreement should affect the penalty amount
for the later violations, but waives the right: (1) to contend that the
violations alleged in Part 7 of this Agreement did not occur as alleged and (2)
to require the MPCA to prove the violations alleged in Part 7 of this
Agreement.


 


Part 13.                                                   RESOLUTION OF DISPUTES. The parties to this Agreement shall resolve
disputes that arise as to any part of the Agreement as follows:


 


a.                                       Either party, acting through its case
contact, may initiate dispute resolution by providing to the case contact of
the other party an initial written statement setting forth the matter in dispute,
the position of the party, and the information the party is relying upon to
support its position. The other party, acting through its case contact, shall
provide a written statement of its position and supporting information to the
case contact of the initiating party within fourteen (14) calendar days after
receipt of the initial written statement.


 


b.                                      If the parties, acting through their case
contacts, do not reach a resolution of the dispute and reduce such resolution
to writing in a form agreed upon by the parties within twenty-one (21) calendar
days after the initiating party receives the statement of position from the
responding party, the Commissioner shall issue a written decision resolving the
dispute. The


 


40

















 


written decision may address stipulated penalties assessed pursuant to
Part 10. The Commissioner’s decision shall be considered a final decision of
the MPCA for purposes of judicial review.


 


c.                                       The
Commissioner’s decision shall become an integral and enforceable part of this
Agreement unless the Regulated Party timely challenges the decision in a court
of competent jurisdiction. Failure to timely challenge means the Regulated
Party agrees to comply with the MPCA Commissioner’s decision on the matter in
dispute and to pay any penalties that accrue pursuant to Part 10 for failure to
fulfill requirements of this Agreement that are the subject of the dispute
resolution. Further, if the Commissioner’s decision assesses penalties pursuant
to Part 10 of this Agreement, the Regulated Party agrees to and shall pay the
amount of penalty determined by the Commissioner within 60 days after receiving
the Commissioner’s decision.


 


d.                                      Throughout
any dispute resolution, the Regulated Party shall comply with all portions of
the Agreement that the MPCA determines are not in dispute.


 


Part 14.                                                    VENUE.
Actions brought by the MPCA to enforce requirements and terms of this
Agreement shall be venued in Ramsey County District Court.


 


Part 15.                                                    EXTENSION
OF SCHEDULES. If the Regulated Party wants an extension of a deadline
included in a schedule set out in Part 9, the Regulated Party must request the
extension in writing at least 10 days before the scheduled deadline, or as soon
as possible before that date if the reason for the extension request arises
less than 10 days before the deadline. Each deadline extension request shall
separately specify the reason why the extension is needed. No requested
extension shall be effective until approved in writing by the MPCA, acting
through the MPCA Case Contact or the Commissioner. The MPCA shall grant an
extension only for the period of time the MPCA determines is reasonable under
the circumstances. The written approval or grant of an extension request shall
be considered an enforceable part of the Agreement.


 


The Regulated
Party has the burden of demonstrating to the satisfaction of the MPCA that the
request for the extension is timely, and that good cause exists for granting
the extension. Good cause can include, but is not limited to, the following:


 


41

















 


a.                                       circumstances
beyond the reasonable control of the Regulated Party; and


 


b.                                      delays
caused by the MPCA in reviewing timely submittals required by this Agreement,
that were submitted in complete and approvable form, which make it not feasible
for the Regulated Party to meet the required schedules.


 


Good cause does not include unanticipated costs, increases in the cost
of control equipment, or delays in MPCA review of submittals when the
submittals are not in complete and approvable form.


 


Under Part 13, the Regulated Party may challenge a decision by the MPCA
to deny a request for an extension.


 


Part 16.                                                    CASE CONTACT. The MPCA and the
Regulated Party shall each designate a Case Contact for the purpose of
overseeing the implementation of this Agreement. The MPCA Case Contact is Cary
Hernandez. The Regulated Party’s Case Contact is Joel Smith. Either party may
change its designated Case Contact by notifying the other party in writing, within
5 days of the change. To the extent possible, communications between the
Regulated Party and the MPCA concerning the terms and conditions of this
Agreement shall be directed through the Case Contacts. The address and
telephone number of the MPCA’s Case Contact is: 714 Lake Avenue, Detroit Lakes,
Minnesota 56501. (218) 846-0746.


 


Part 17.                                                    REGULATED
PARTY INFORMATION. The Regulated Party shall not knowingly make any
false statement, representation or certification in any record, report, plan or
other document filed or required to be submitted to the MPCA under this
Agreement. The Regulated Party shall immediately upon discovery report to the
MPCA any errors in such record, report, plan or other document.


 


Part 18.                                                    REVIEW
OF SUBMITTALS. The MPCA, acting through its Commissioner, Case Contact,
or other designated MPCA staff, shall review all submittals made by the
Regulated Party as required by this Agreement and shall notify the Regulated
Party in writing of the approval or disapproval of each submittal. The MPCA and
the Regulated Party shall consult with each other upon the request of either
party during the review of submittals or modifications.


 


42

















 


If any submittal is disapproved in whole or in part, the MPCA
Commissioner or designated MPCA staff shall notify the Regulated Party of the
specific inadequacies and shall indicate the necessary amendments or reviews.
Within 15 calendar days after receipt of any notice of disapproval, the
Regulated Party shall submit revisions and take actions to correct the
inadequacies.


 


Part 19.                                                    ACCESS.
During the term of this Agreement, the Regulated Party agrees to provide the
MPCA and its staff access to the Regulated Party’s Facilities and its records
and documents related to the implementation of this Agreement to the extent
provided under Minn. Stat. § 116.091 (1998) or other law, conditioned only upon
the presentation of credentials.


 


Part 20.                                                    SAMPLING
AND DATA AVAILABILITY. The Regulated Party shall make available to the
MPCA the results of any sampling, tests, or other data generated by the
Regulated Party, or on its behalf, to implement the requirements of this
Agreement. Nothing in this paragraph is intended to waive or alter any
protection afforded by statute to data that qualifies for an exception to
public disclosure.


 


Part 21.                                                    RETENTION
OF RECORDS. The Regulated Party shall retain in its possession all
records and documents related to this Agreement. The Regulated Party shall
preserve these records, documents, reports and data for three years after the
termination of this Agreement despite any document retention policy of the
Regulated Party to the contrary, and shall promptly make all such documentation
available for review upon request by the MPCA.


 


Part 22.                                                    APPLICABLE
LAWS AND PERMITS. All actions required to be taken pursuant to this
Agreement shall be undertaken in accordance with the requirements of all
applicable state and federal laws and regulations. Except when the MPCA has
specified and authorized a different compliance method in Part 9, the Regulated
Party must also comply with all applicable permits, orders, stipulation
agreements and schedules of compliance. Nothing in this Agreement exempts or
relieves the Regulated Party of its obligation to comply with local
governmental requirements.


 


43

















 


Part 23.                                                    OTHER
CLAIMS. Nothing herein shall release any claims, causes of action or
demands in law or equity against any person, firm, partnership or corporation
not a signatory to this Agreement for any liability it may have arising out of
or relating to the release of any pollutant or contaminant from its operations
or from a facility. Neither the Regulated Party nor the MPCA shall be held as a
party to any contract entered into by the other party to implement the
requirements of this Agreement.


 


Part 24.                                                    HOLD
HARMLESS AGREEMENT. The Regulated Party agrees to indemnify, save and
hold the MPCA, its agents and employees harmless from any and all claims or
causes of action arising from or on account of acts or omissions of the
Regulated Party, its officers, employees, agents, or contractors in
implementing the activities conducted pursuant to this Agreement; provided,
however, that the Regulated Party shall not indemnify the MPCA or save or hold
its employees and agents harmless from any claims or causes of action arising
out of the acts or omissions of the MPCA, or its employees and agents. When the
Regulated Party is required to hold the MPCA harmless, the Regulated Party
shall be given notice by the MPCA of any claim or cause of action subject to
this Part and have the right to participate in the defense against any claim or
cause of action, and no settlement shall be effective against the Regulated
Party unless the Regulated Party agrees to the settlement.


 


Part 25.                                                    SUCCESSORS.
This Agreement shall be binding upon the Regulated Party and its successors and
assigns and upon the MPCA, its successors and assigns. If the Regulated Party
sells or otherwise conveys or assigns any of its right, title or interest in
the Facility, the conveyance shall not release the Regulated Party from any
obligation imposed by this Agreement, unless the party to whom the right, title
or interest has been transferred or assigned agrees in writing to fulfill the
obligations of this Agreement and the MPCA approves the transfer or assignment.


 


Part 26.                                                    AMENDMENTS.
Except with respect to extensions of schedules granted under Part 15 and
approved submittals under Part 18, this Agreement may be amended only by
written agreement between the parties.


 


44

















 


Part 27.                                                    EFFECTIVE
DATE. This Agreement shall be effective on the date it is signed by the
MPCA.


 


Part 28.                                                    TERMINATION.
The provisions of this Agreement shall be deemed satisfied and terminated when
the Regulated Party receives written notice from the MPCA that the Regulated
Party has demonstrated, to the satisfaction of the MPCA, that all terms of the
Agreement have been completed.


 


Part 29.                                                    SURVIVAL.
The provisions of Parts 2, 11, 12, 17, 20, 21, 22, 23, 24, 25 and 29 of this
Agreement; the provisions of Exhibit A to the Agreement (except Part 5.0 of
that exhibit); and the rights, duties and obligations of the MPCA and the
Regulated Party created in those provisions shall survive termination of this
Agreement.


 


45

















 


BY THEIR SIGNATURES BELOW, THE UNDERSIGNED
REPRESENT THAT

THEY HAVE AUTHORITY TO BIND THE PARTIES THEY REPRESENT, AND

THEIR AGENTS, CONTRACTORS, AND SUBSIDIARIES


 


	
  AMERICAN CRYSTAL SUGAR

  COMPANY

  	
  STATE OF MINNESOTA

  POLLUTION CONTROL AGENCY

  
	
   

  	
   

  
	
   

  	
   

  
	
   

  	
   

  	
  By:

  	
  /s/ Gordon E. Wegwart, Asst. Comm.

  	
   

  
	
  By:

  	
  /s/ David A. Walden

  	
   

  	
   

  	
  for James Warner, Director

  
	
   

  	
  David A. Walden

  	
   

  	
  Majors and Remediation Division

  
	
   

  	
  Vice President of Operations

  American Crystal Sugar Company

  	
   

  
	
   

  	
   

  
	
   

  	
   

  
	
  Date:

  	
  8/5/03

  	
   

  	
  Date:

  	
  8/5/03

  	
   

  
							



 


46

















 


Hydrogen Sulfide Monitoring and Corrective
Action Plan


 


 


American Crystal Sugar Company


 


 


Moorhead, Crookston, and East Grand

Forks Sugar Beet Processing Plants


 


April 23, 2003


 


1

















 


Table of Contents


 


	
  1.0

  	
  Background

  	
   

  
	
   

  	
   

  	
  1.1

  	
  Facility Description

  	
   

  
	
   

  	
   

  	
  1.2

  	
  History of Hydrogen Sulfide Monitoring and
  Control Measures

  	
   

  
	
  2.0

  	
  Monitoring
  Plan

  	
   

  
	
   

  	
   

  	
  2.1

  	
  Monitoring Background

  	
   

  
	
   

  	
   

  	
  2.2

  	
  Monitoring Network

  	
   

  
	
   

  	
   

  	
  2.3

  	
  Monitoring Locations

  	
   

  
	
   

  	
   

  	
   

  	
  2.3.1

  	
  Crookston
  Facility

  	
   

  
	
   

  	
   

  	
   

  	
  2.3.2

  	
  Moorhead
  Facility

  	
   

  
	
   

  	
   

  	
   

  	
  2.3.3

  	
  East Grand Forks Facility

  	
   

  
	
  3.0

  	
  Monitoring Methodology

  	
   

  
	
   

  	
   

  	
  3.1

  	
  Monitoring Equipment

  	
   

  
	
   

  	
   

  	
  3.2

  	
  Monitoring Schedule

  	
   

  
	
   

  	
   

  	
  3.3

  	
  Routine Monitoring

  	
   

  
	
   

  	
   

  	
   

  	
  3.3.1

  	
  Standard Operating Procedures

  	
   

  
	
   

  	
   

  	
  3.4

  	
  Calibration and Reference Standards

  	
   

  
	
   

  	
   

  	
  3.5

  	
  Audits

  	
   

  
	
   

  	
   

  	
  3.6

  	
  Quality
  Control

  	
   

  
	
   

  	
   

  	
   

  	
  3.6.1

  	
  Field Monitor Accuracy Evaluation (Gas Challenges)

  	
   

  
	
  4.0

  	
  Data Reporting

  	
   

  
	
   

  	
   

  	
  4.1

  	
  Recording and Validating Data

  	
   

  
	
   

  	
   

  	
   

  	
  4.1.1

  	
  Data Collection

  	
   

  
	
   

  	
   

  	
   

  	
  4.1.2

  	
  Data
  Recording

  	
   

  
	
   

  	
   

  	
  4.2

  	
  Data Review and Validation

  	
   

  
	
   

  	
   

  	
   

  	
  4.2.1

  	
  Data
  Zeroing

  	
   

  
	
   

  	
   

  	
   

  	
  4.2.2

  	
  Substitute Meteorological Data

  	
   

  
	
   

  	
   

  	
   

  	
  4.2.3

  	
  Data Not Applicable to ACS

  	
   

  
	
   

  	
   

  	
  4.3

  	
  Reporting

  	
   

  
	
   

  	
   

  	
   

  	
  4.3.1

  	
  Reporting Format

  	
   

  
	
  5.0

  	
  Corrective Action Plan

  	
   

  
	
   

  	
   

  	
  5.1

  	
  Crookston
  H2S Plan

  	
   

  
	
   

  	
   

  	
  5.2

  	
  Moorhead H2S Plan

  	
   

  
	
   

  	
   

  	
  5.3

  	
  East Grand Forks H2S Plan

  	
   

  
	
  6.0

  	
  Amendments

  	
   

  
	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  Appendices

  	
   

  	
   

  
	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
   

  	
  Appendix A Crookston Facility Monitor Site Locations

  	
   

  
	
   

  	
  Appendix B Moorhead Facility Monitor Site Locations

  	
   

  
	
   

  	
  Appendix C East Grand Forks Facility Monitor Site

  	
   

  
	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  Attachments

  	
   

  
	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
   

  	
  Attachment #1 Standard Operating Procedures

  	
   

  



 


2

















 


Introduction


 


This plan is
has been adopted pursuant to the Stipulation Agreement entered into in 2003 by
the Minnesota Pollution Control Agency (MPCA) and American Crystal Sugar
Company (ACS). It sets forth the general procedures and methods by which ACS
will monitor concentrations of hydrogen sulfide in the ambient air at the
boundaries of its facilities and describes corrective actions which ACS will
undertake to control emissions of hydrogen sulfide from its wastewater ponds.
This plan supersedes all previous plans and existing permit conditions relating
to the monitoring or control of hydrogen sulfide at ACS facilities.


 


1.0    Background


 


ACS Company
operates five sugar beet processing plants in the Red River Valley. Three of
these facilities are located in Minnesota at Crookston, East Grand Forks and
Moorhead.


 


The principal
products of all three facilities are sugar derived from beets, dried pulp and
pulp pellets, and beet molasses. Harvested beets are delivered to each facility
by truck. Final products (beet sugar, molasses, dried pulp and pellets) are
shipped by rail and truck. Processing consists of raw beet receiving and
storage, beet processing to produce juice, sugar production, dried pulp and
pulp pellet production. During a typical beet processing campaign, the plants
will operate 24 hours per day from September until approximately mid-May.
Actual operating time varies with crop quality, tons of beets stored and
weather conditions.


 


1

















 


1.1          Facility Descriptions


 


The Crookston
facility is located on Highway 75 South, at the intersection of Polk
County Road No. 9, and occupies an existing site of approximately 465 acres.
Two additional pieces of property, 240 acres south of County Road No.
9 and 159 acres immediately opposite the gravel road bordering the west edge of
the main site, are also owned by ACS. A portion of the property south of County
Road No. 9 is used for application of excess pond water. The properties west
and south of the main site are leased for agricultural purposes. North and west
of the site is privately owned agricultural land and also the location of
municipal water treatment lagoons. One acre of ACS property is leased to Polk
County for storage of road work equipment, and 79 acres of ACS property are
presently used for non-agricultural crop land, which is covered with range
grass. East of the site are commercial properties occupied by implement
dealers.


 


The Moorhead
facility is located at 2500 North 11th Street in Moorhead,
Minnesota, and occupies an existing site of approximately 378 acres. On the
north side, the Moorhead facility is bordered by privately owned agricultural
land, the St. Joseph Cemetery, the Riverside Cemetery, the Moorhead Rod and Gun
Club (also used as the Oak Port Town Hall), and ACS Research Center
agricultural test plot acreage. The east side of the Moorhead facility is
bordered by privately owned agricultural land. The City of Moorhead municipal
waste water treatment plant is located to the southeast of the facility. The
area south of the Moorhead facility is taken up by the ACS Research Center and
a portion of the Moorhead waste water treatment plant. West of the site, across
11th Street, is residential housing.


 


The East Grand
Forks facility is located in an agricultural, residential and commercial area
on the east side of the City of East Grand Forks. Specifically, the facility is
located on U.S. Highway 2 East, approximately 1/2
mile east of the City of East Grand Forks. Agricultural land borders the
facility to the north, west, east and south. The Burlington Northern Railroad
is adjacent to the northern property line of the facility, while beyond the
railroad to the northwest is commercial property with agricultural fields


 


2

















 


beyond the commercial property. 
The closest private residences lie directly to the west of the
facility’s west-central property line. 
The property directly east of the facility is used for agricultural
purposes.  The Burlington Northern
Railroad also exists south of the property.


 


3

















 


1.2          History of Hydrogen Sulfide Monitoring and Control
Measures


 


Each of the
three Minnesota plants has a wastewater treatment system to prepare excess
water for discharge.  Wastewater comes
from the beet flume, from washing the sugar beets, and from the processing of
the beets to extract the sugar.  The
flume and beet washing operation result in the highest strength waste stream
(in terms of Biological Oxygen Demand or BOD) in the wastewater system.  These waste streams are sent to wastewater
or mud ponds prior to treatment.  These
ponds can become a source of hydrogen sulfide. 
Both the Moorhead and East Grand Forks factories have mechanical
anaerobic treatment processes to treat these wastes after their discharge to
the ponds.  ACS’s Crookston factory,
however, relies entirely on a pond system for treatment.


 


The air quality permits for the three Minnesota facilities require ACS
to establish a hydrogen sulfide air monitoring network at each facility, and
ACS has conducted such monitoring pursuant to plans approved by the MPCA since
1999.  Since 1999, ACS has also invested
significant funds in projects to reduce its hydrogen sulfide emissions.  Expenditures for 1999-2002 are shown in
Tables 1-3.


 


Table 1


Crookston


 




	
  Project

  	
   

  	
  Finished

  Date

  	
   

  	
  Cost

  	
   

  
	
  Pond Aeration and Dike Upgrading to improve
  treatment and ensure that ponds are available for storing and treating
  wastewater.  This included cleaning
  out a mud pond to be used as a treatment pond.

  	
   

  	
  10/30/2000

  	
   

  	
  $

  	
  1,217,245

  	
   

  
	
  Odor neutralizer spray system.

  	
   

  	
  07/30/1999

  	
   

  	
  $

  	
  48,094

  	
   

  
	
  TOTAL

  	
   

  	
   

  	
   

  	
  $

  	
  1,265,339

  	
   

  






 


4

















 


Table 2


East Grand Forks


 


	
  Project

  	
   

  	
  Finished

  Date

  	
   

  	
  Cost

  	
   

  
	
  EGF Aerobic Upgrade to improve efficiency
  of wastewater treatment and reduce BOD.

  	
   

  	
  09/01/2001

  	
   

  	
  $

  	
  2,612,090

  	
   

  
	
  East Grand Forks Mud Press installed to
  eliminate sediments going to ponds and to get rid of mud ponds that are a
  source of H2S.

  	
   

  	
  08/31/2001

  	
   

  	
  $

  	
  4,261,486

  	
   

  
	
  Install an anaerobic clarifier to improve
  wastewater treatment efficiency.  This
  reduces the amount of high BOD water in the ponds.

  	
   

  	
  10/01/1999

  	
   

  	
  $

  	
  2,346,373

  	
   

  
	
  TOTAL

  	
   

  	
   

  	
   

  	
  $

  	
  9,219,949

  	
   

  



 


Table 3


Moorhead


 




	
  Project

  	
   

  	
  Finished

  Date

  	
   

  	
  Cost

  	
   

  
	
  Waste water pumps to improve ability to
  treat and discharge wastewater.

  	
   

  	
  08/31/2001

  	
   

  	
  $

  	
  181,824

  	
   

  
	
  Anaerobic clarifier to improve treatment of
  high BOD wastewater.

  	
   

  	
  09/01/2000

  	
   

  	
  $

  	
  2,052,137

  	
   

  
	
  Anaerobic upgrade to improve efficiency.

  	
   

  	
  08/31/2000

  	
   

  	
  $

  	
  154,507

  	
   

  
	
  Condenser water treatment system to reduce
  BOD in this pond.

  	
   

  	
  07/31/2000

  	
   

  	
  $

  	
  92,432

  	
   

  
	
  Pond piping to improve ability to discharge
  and to keep treated and high BOD wastewater separated thus avoiding
  excessively large quantities of water that can not be discharged.

  	
   

  	
  08/15/1999

  	
   

  	
  $

  	
  245,324

  	
   

  
	
  Pond odor spray systems

  	
   

  	
  06/01/1999

  	
   

  	
  $

  	
  80,896

  	
   

  
	
  Moorhead straw blower for covering ponds
  with straw.

  	
   

  	
  06/01/1999

  	
   

  	
  $

  	
  16,116

  	
   

  
	
  Wastewater screen to improve treatment.

  	
   

  	
  08/31/1999

  	
   

  	
  $

  	
  62,641

  	
   

  
	
  TOTAL

  	
   

  	
   

  	
   

  	
  $

  	
  2,885,877

  	
   

  






 


5

















 


2.0
Monitoring Plan


 


ACS will
continue to operate and maintain a hydrogen sulfide air monitoring system
consisting of a hydrogen sulfide monitoring network at each of its three
Minnesota facilities.  However, ACS will
revise its current monitoring system so that the revised system conforms to the
provisions outlined below.  These
provisions are intended to ensure that the monitoring networks will measure
concentrations of hydrogen sulfide in the ambient air at the property
boundaries of the ACS facilities in Crookston, Moorhead, and East Grand Forks,
rather than concentrations of hydrogen sulfide near the wastewater ponds, which
are located on facility properties not accessible to the general public.


 


2.1          Monitoring Plan Background


 


This plan
presents how the monitoring will be conducted and specifies the monitoring
procedures that will be used.  The plan
addresses monitor siting, quality control procedures, calibrations, audits,
data validation, and reporting.


 


2.2          Monitoring Networks


 


The monitoring
system will consist of six H2S ambient air monitors, three
temperature and relative humidity monitors, and three wind speed/wind direction
sensors.  A monitoring network of two H2S
ambient air monitors and one set of meteorological instruments will be placed
at strategic locations at each of the three facilities owned by ACS in
Minnesota.


 


2.3          Monitoring Locations


 


The two H2S
ambient air monitors and one set of meteorological instruments (temperature
gage, relative humidity monitor, and wind speed/wind direction sensor) for each
facility will be located in strategic unobstructed areas on ACS property near
or on


 


6

















 


the property boundaries.  Each
of the monitoring sites in this plan, including each weather station site, are
indicated more specifically in Appendices A, B, and C and each has already
received approval from the MPCA in accordance with the applicable siting
criteria for closed path SO2 monitors set forth in 40 CFR 58, Appendix
E.2.  These criteria are not directly
applicable for hydrogen monitoring but in the absence of specific criteria for
hydrogen sulfide monitoring they are reasonable criteria to use.


 


2.3.1       Crookston
Facility


 


The attached aerial photographs in Appendix A indicate the locations
where hydrogen sulfide monitors will be placed at the Crookston facility.  ACS will provide detailed site descriptions
by longitude and latitude to the MPCA when the monitors are placed into
operation in April 2003.


 


2.3.2       Moorhead
Facility


 


The attached aerial photographs in Appendix B indicate the locations
where hydrogen sulfide monitors will be placed at the Moorhead facility.  ACS will provide detailed site descriptions
by longitude and latitude to the MPCA when the monitors are placed into
operation in April 2003.


 


2.3.3       East
Grand Forks Facility


 


The attached aerial photographs in Appendix C indicate the locations
where hydrogen sulfide monitors will be placed at the East Grand Forks
facility.  ACS will provide detailed
site descriptions by longitude and latitude to the MPCA when the monitors are
placed into operation in April 2003.


 


7

















 


3.0    Monitoring Methodology


 


3.1          Monitoring Equipment


 


Hydrogen sulfide ambient monitoring equipment and supplies will be
those which have been approved by the MPCA. 
All relevant monitoring equipment information such as vendor brochures,
fact sheets, owner manuals, and standard operating procedures (SOPs), will be
maintained at a central location by ACS. 
All information will be made available to the MPCA upon request and/or
during a scheduled audit.


 


3.2          Monitoring Schedule


 


Seasonal monitoring will be conducted from April 1 through
October 31, depending upon temperature and weather conditions.  Prolonged periods of adverse weather
conditions that will compromise the monitoring system will be discussed with
MPCA staff to determine whether a delay in network start-up or a premature
network shutdown is appropriate.


 


3.3          Routine Monitoring


 


3.3.1       Standard Operating Procedures


 


Routine
monitoring shall be done in accordance with standard operating procedures
(SOPs), which are attached to this Hydrogen Sulfide Monitoring and Corrective
Action Plan as Attachment #1.


 


3.4  Calibration
and Reference Standards


 


Prior to
installation in the field, each hydrogen sulfide monitor will be bench
calibrated or validated for field use by the manufacturer.  The manufacturer will be requested to supply
ACS with proof of repairs/maintenance and calibration.  An independent laboratory calibration check,
following the manufacturer’s recommendations


 


8

















 


for calibration, may be conducted by ACS or its representative to support
the manufacturer’s calibration and validation of the H2S monitors.


 


Meteorological
equipment (which will measure wind direction, wind speed, air temperature, and
humidity) was calibrated by the manufacturer prior to shipping.


 


3.5  Audits


 


An audit is an
independent assessment of routine hydrogen sulfide monitoring network
performance.  An audit of each
monitoring network will be conducted at least once during the
April through October time period. 
Results of the audit will be recorded by ACS and provided to the MPCA
upon request.  Additional site audits
will be conducted as needed by ACS upon review of overall network operations
and equipment functioning.  All audits
will be conducted by ACS employees who do not conduct the routine monitoring
procedures or by outside firms that have the ability to perform such audits.


 


An audit may include the following:


 


•                  An evaluation of
the operation of the hydrogen sulfide monitor itself; including verification of
proper air flow and motor operations.


•                  An evaluation of
site operator log book entries for documentation of visits, status of
equipment, corrective actions taken, or field maintenance of equipment.


•                  An evaluation of
the meteorological data collection system.


 


3.6 Quality Control


 


Quality
control for routine monitoring will be implemented by factory personnel through
the use of checklists to be filled out for each site visit to a monitoring
station.  A site visit to each
monitoring station will be made once per week. 
The checklists and SOPs will include control limits and actions to be
taken if any of the quality control


 


9

















 


checks are outside normal operating procedures.  The checklists and SOPs will be made
available upon request of the MPCA.


 


3.6.1  Field
Monitor Accuracy Evaluations (Gas challenges)


 


A gas
challenge may be used as an additional or alternative method to evaluate the
accuracy of hydrogen sulfide monitors in the field.  A gas challenge system will meter a certified calibration gas of
the target analyte to the monitor at a known concentration and record the
monitor’s response to the gas challenge. 
Monitor response will then be documented and accuracy will be evaluated
by the difference (or lack of difference) between the calibration gas concentration
of the target analyte and the monitor response.  An important parameter to track during a gas challenge will be
the amount of water vapor (absolute, or relative humidity) in the gas stream.


 


Gas challenges
to the hydrogen sulfide monitors will be conducted a minimum of three (3) times
per year.  The results of the gas
challenges will be recorded by ACS and made available to MPCA upon
request.  ACS will rely on data reviews,
site visit checks, and SOPs to further assess monitor performance and accuracy.  Upon review of this additional information
ACS may decide to conduct supplemental gas challenges.


 


Hydrogen
sulfide monitors found to be outside of the accuracy range specified by the
manufacturer will be further evaluated and a determination made by ACS as to
whether the instrument should be sent back to the manufacturer for
repair/maintenance.


 


Details of the
gas challenge methodology will also be provided to MPCA upon request.


 


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4.0    Data Recording and Reporting


 


Data recording
and reporting for the hydrogen sulfide monitors consists of data collection,
data calculations for each one-half hour time period, data validation,
formatting, documentation, and reporting to MPCA.


 


4.1  Recording and Validating
Data


 


4.1.1.  Data Collection


 


Each hydrogen
sulfide air monitoring network will achieve 75 percent data recovery of H2S
ambient air data during each monitoring season (i.e., 75 percent of all data
possible from the April 1 through October 31 time period will be
collected and considered valid).  Each
set of meteorological instruments will achieve 80 percent data recovery of wind
speed and wind direction data during each monitoring season (i.e., 80 percent
of all data possible for the April 1 through October 31 time period
will be collected and considered valid).


 


4.1.2 Data Recording


 


Hydrogen
sulfide and meteorological monitoring will be conducted continuously during the
monitoring season.


 


Each hydrogen
sulfide monitor will collect sample measurements at least once every 15
minutes.  These measurements will then
be used to calculate the air concentration of hydrogen sulfide ( in ppb).  An electronic data logger will record all
measurements


 


Each set of
meteorological instruments will collect meteorological data (wind speed in
miles per hour, wind direction in degrees of azimuth, temperature in degrees
Fahrenheit, and relative humidity in percent) for each one-half hour time
period.  An electronic data logger will
record all measurements.


 


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Electronic
data downloading will allow 30-minute averages to be calculated on the hour and
half-hour (48 averages per day  in a
continuous manner) for both meteorological instruments and hydrogen sulfide
monitors.


 


The hydrogen
sulfide and meteorological monitoring systems will record the date and time of
system failures and this information will be supplemented with information from
the site visits and log book entries.


 


4.2          Data Review and Validation


 


Data will be
downloaded for general review, and ACS will conduct an initial quality
assurance/quality control (QA/QC) evaluation. 
This initial QA/QC evaluation will be an investigation of readings to
determine if the hydrogen sulfide and meteorological monitoring networks were
functioning properly and to identify suspect readings.


 


Full data validation will be conducted by ACS for each monthly
reporting effort.  This full validation
is intended to provide a measure of confidence that the data have been
collected according to approved methods and that the reported data meet
specified quality assurance and quality control limits.


 


Data validation/invalidation will consist of the following tasks:


 


•                  Review of
data recorded by the monitoring networks (H2S, meteorological).


•                  Review of the
site log book entries for those days with one-half hour time periods identified
to have suspect data.


•                  Review of phone
calls and e-mails with site operators with regard to specific monitor
operations.


 


Based on its
review of the available information regarding the operation of the monitoring
system, ACS or its representative will validate/invalidate data as
appropriate.  Data will be considered to
be invalid if data loss occurs due to power outages, instruments being offline,
instrument faults, etc.  Invalidated
data will be replaced with


 


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MPCA’s approved data codes to identify the reason for data invalidation
for each specific one-half hour time period. 
If appropriate, comments will also be provided in the comment column for
each one-half hour time period for which data are invalidated.


 


MPCA staff can
request the raw data files from ACS. MPCA staff will notify ACS if they
disagree with the invalidation of any data.


 


4.2.1 Data Zeroing


 


In accordance with MPCA’s practices and recommendations, data for
specific one-half hour time periods when ambient conditions are outside the
manufacturer’s specified conditions for proper operation of the hydrogen
sulfide monitors will be set to zero and considered to be valid data.  The comment column for each one-half hour
time period in which data are set to zero will indicate that the ambient
conditions are outside the manufacturer’s specified operating range.


 


4.2.2 Substitute Meteorological Data


 


For those
one-half hour time periods in which onsite meteorological data are missing or
determined to be invalid, ACS may use substitute meteorological data from the
nearest airport or another MPCA-approved data source for the specific one-half
hour time period(s).  The comment column
for each one-half hour time period in which substitute meteorological data are
used will indicate that substitute data are being used and the source of the
data.


 


4.2.3  Data Not
Applicable to ACS


 


ACS or its
representative will review the hydrogen sulfide air concentration data with
respect to wind direction data.  When a
valid hydrogen sulfide air concentration is reported for a one-half hour time
period that is greater than 30 ppb, but is believed to be from offsite sources,
ACS will so note in the comment column for the specific time period that
offsite sources are believed to be contributing.  MPCA staff will review the comments and determine if offsite
sources were the only contributor to the monitored air


 


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concentrations.  MPCA staff will
notify ACS if they disagree with any of the comments or interpretations with
regard to the hydrogen sulfide concentrations identified as coming from other
than ACS sources.


 


4.3          Reporting


 


Routine
reporting will be done monthly and a separate report for each factory will be
submitted to the MPCA within 30 days after the end of each month.  The monthly reports will contain, at a
minimum, the date, time and 30-minute average H2S concentrations
from each of the H2S monitors, and 30-minute averages for
wind speed, wind direction, temperature and relative humidity from the
meteorological station.


 


As previously
stated in Section 4.1, the reports will use MPCA’s data codes for those
one-half hour time periods that have invalidated or missing data, the comment
column for specific one-half hour time periods will identify when the H2S air
concentration has been set to zero, the comment column will also identify when
the H2S air concentration is not applicable to ACS sources, and the comment
column will identify when substitute meteorological data are being used.


 


MPCA staff can request the raw data files for comparison to the
reported (edited) data files.


 


The reports will be submitted via e-mail to Cary Hernandez and Rick
Strassman of the MPCA.


 


4.3.1    Reporting Format


 


Data will be
submitted electronically in Microsoft Excel spreadsheets, depending on the
MPCA’s preferred method.


 


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5.0
CORRECTIVE ACTION PLAN


 


Following are
the ACS plans for additional work for reducing emissions of hydrogen sulfide
from its wastewater ponds


 


5.1 Crookston H2S
Plan


 


5.1.1 Option A


 


Stage 1:          ACS has identified a biological product to be
introduced into the wastewater system at Crookston which will aid in the
prevention of hydrogen sulfide emissions. 
This product will be applied at 2 different time periods.  The first application was already made
between October 28 and November 8, 2002.  The second application will be made immediately after the ice
cover comes off of the waste water ponds in the spring of 2003.


 


Stage 2:          ACS has been vigorously exploring with
several different professional consultants methods of preventing hydrogen
sulfide emissions at the Crookston facility. Several different treatment processes to be used in addition to
the Stage 1 biological treatment are available. Selection of the treatment options
has been made and submitted to the Minnesota Pollution Control Agency for
approval.


 


Stage 3:          ACS will complete the selected treatment
process at Crookston during the spring and summer of 2003 assuming MPCA
approval.


 


Stage 4: ACS will monitor the
effectiveness of the hydrogen sulfide prevention program at Crookston and will
modify it as needed to obtain  the
highest level of prevention possible.


 


5.1.2 Option B


 


If the above measures do not prove effective at Crookston by
July 31, 2003, ACS will test ferric chloride as treatment for hydrogen
sulfide.  The test will begin as soon as
chemicals are available or by September 1, 2003, whichever is sooner.


 


If treatment by ferric chloride does not prove effective by
October 31, 2003, ACS will initiate discussions with the MPCA by
November 30, 2003 to consider other appropriate measures for future
control.


 


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5.2 Moorhead H2S
Plan


 


5.2.1   
Install wastewater pond cover


 


Start Date:  Engineering has
started as well as preparatory work.


Completion Date: 
September 1, 2003.


 


5.2.2   
Add another mud belt press


 


Start Date:  Engineering has
started.


Completion Date: 
September 1, 2003.


 


5.2.3   
Evaluate the installation and construction process as well as the
effectiveness of the cover to control H2S.


 


Start Date:  Summer 2003.


Completion Date:  June 15,
2004.


 


5.2.4   
Submit report to MPCA describing results of evaluation of construction
process and effectiveness of pond cover system.


 


Start Date:  Summer 2003.


Completion Date:  June 15,
2004.


 


5.3           East Grand Forks H2S
Plan


 


5.3.1 Clean ponds including existing mud
pond, and install equipment to separate storm water from wastewater.


 


Start Date:  July 2003.


Completion Date: 
September 30, 2003


 


5.3.2 Installation of wastewater pond
cover.


 


Cover installation will depend upon the results of the evaluation of
the pond cover at Moorhead.  If the
evaluation of the Moorhead cover shows that the cover is ineffective in
reducing hydrogen sulfide or if technical failures occur, ACS will not proceed
with installation of the cover at East Grand Forks, but will return to the MPCA
for further discussions.


 


Start Date:  July 2004.


Completion Date:  If the
evaluation of the Moorhead cover is positive, September 1, 2004.


 


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6.0
AMENDMENTS


 


This plan may be amended by mutual agreement of ACS and MPCA.  However, the standard operating procedures
(SOP), which are attached to this plan as Attachment #1, may be amended by ACS
at any time without MPCA approval, but ACS will provide a copy of any amended
SOP to the MPCA within ten (10) days of the amendment.


 


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