AS A PARTY OF ANY CONTRACT ENTERED INTO BY MGP IN CARRYING OUT
ACTIVITIES PURSUANT TO THIS CAO.
FINDINGS OF FACT
11.
MGP OWNS AND OPERATES AN ETHANOL PRODUCTION
FACILITY IN ATCHISON. MGP RECEIVES CORN AND MILO WHICH IS THEN MILLED, MIXED
WITH WATER AND STARCH WATER, COOKED, AND FERMENTED. AFTER FERMENTATION, THE RAW
MATERIAL IS DISTILLED TO PRODUCE ETHANOL. DISTILLATION SEPARATES THE LIQUID
ETHANOL FROM THE CORN MEAL, WHICH MGP MAY DRY OR SELL AS WET MASH FOR ANIMAL
FEED. KDHE ALLEGES THAT THE ETHANOL PLANT WAS MODIFIED IN SUCH A MANNER THAT MAY
HAVE RESULTED IN A SIGNIFICANT NET EMISSION INCREASE IN ACCORDANCE WITH 40
C.F.R. PART 52 OR THE PREVENTION OF SIGNIFICANT DETERIORATION (PSD) REGULATIONS.
KDHE ADOPTED THE PSD REGULATIONS AT K.A.R. 28-19-350. KDHE FURTHER ALLEGES THAT
MGP FAILED TO OBTAIN A PSD PERMIT AUTHORIZING THE MODIFICATION.
12.
KDHE ALLEGES THAT THE EMISSIONS OF VOLATILE
ORGANIC COMPOUNDS (VOCS) FROM THE DISTILLED DRIED GRAIN WITH SOLUBLES (DDGS)
DRYERS HAD BEEN HISTORICALLY UNDERESTIMATED.
13.
KDHE FURTHER ALLEGES THAT MGP MAY HAVE
FAILED TO COMPLY WITH K.A.R. 28-19-720, WHICH ADOPTS BY REFERENCE 40 C.F.R. PART
60 SUBPARTS DB, KB AND VV; AND K.A.R. 28-19-750, WHICH ADOPTS BY REFERENCE 40
C.F.R. PART 63 FOR THE EQUIPMENT DESCRIBED IN PARAGRAPH 23 OF THIS CAO.
2
CONCLUSIONS OF LAW
14.
MGP IS A PERSON WITHIN THE MEANING OF K.S.A.
65-3002(I).
15.
THE SECRETARY IS AUTHORIZED TO ISSUE ORDERS
FOR COMPLIANCE WITH AIR QUALITY STATUTES AND REGULATIONS AS SET FORTH IN K.S.A.
65-3011.
16.
K.S.A. 65-3025(C) STATES IT IS UNLAWFUL FOR
ANY PERSON TO VIOLATE ANY PROVISION OF AN APPROVAL OR PERMIT ISSUED AND ANY RULE
OR REGULATION PROMULGATED UNDER THE KANSAS AIR QUALITY ACT.
17.
K.S.A. 65-3018(A) PROVIDES THAT THE
SECRETARY, UPON FINDING A PERSON HAS VIOLATED ANY PROVISION OF K.S.A. 65-3025,
MAY IMPOSE A PENALTY NOT TO EXCEED $10,000 PER DAY WHICH SHALL CONSTITUTE AN
ACTUAL AND SUBSTANTIAL ECONOMIC DETERRENT TO THE VIOLATION FOR WHICH IT IS
ASSESSED.
18.
K.A.R. 28-19-350(A), PREVENTION OF
SIGNIFICANT DETERIORATION OF AIR QUALITY, APPLIES TO THE CONSTRUCTION OF MAJOR
STATIONARY SOURCES AND MAJOR MODIFICATIONS OF STATIONARY SOURCES AS DEFINED IN
40 C.F.R. 52.21 IN AREAS OF THE STATE DESIGNATED AS ATTAINMENT AREAS OR
UNCLASSIFIED AREAS FOR ANY POLLUTANT UNDER THE PROCEDURES PRESCRIBED BY SECTION
107(D) OF THE FEDERAL CLEAN AIR ACT.
19.
K.A.R. 28-19-350(B) ADOPTS BY REFERENCE 40
C.F.R. 52.21, AS IN EFFECT ON JULY 1, 2000.
20.
K.A.R. 28-19-720, NEW SOURCE PERFORMANCE
STANDARDS, ADOPTS BY REFERENCE 40 C.F.R. PART 60, SUBPARTS DB, KB AND VV.
21.
K.A.R. 28-19-750, HAZARDOUS AIR POLLUTANTS;
MAXIMUM ACHIEVABLE CONTROL TECHNOLOGY, ADOPTS BY REFERENCE 40 C.F.R. PART 63.
22.
BASED ON THE ABOVE FINDING OF FACTS AND
CONCLUSIONS OF LAW, THE SECRETARY ALLEGES THAT MGP MAY HAVE VIOLATED K.A.R.
28-19-350, K.A.R. 28-19-720, K.A.R. 28-19-750 AND K.S.A. 65-3025.
SCHEDULE OF COMPLIANCE
Emission Limits
23.
MGP SHALL IMPLEMENT A PLAN FOR THE
INSTALLATION OF AIR POLLUTION CONTROL TECHNOLOGY (CONTROL TECHNOLOGY PLAN OR
CTP) CAPABLE OF MEETING THE FOLLOWING EMISSION LEVEL REDUCTIONS FOR THE