Badger State Ethanol is an ethanol production facility, subject to the New Source Performance Standards (NSPS) subpart Db. Badger State conducted stack testing for nitrogen oxides (NOx) on June 26, 2008, and violated the NSPS NOx limit. Badger State retested on October 22, 2008, in compliance. Region 5 staff inspected Badger State in December of 2008, at which time we learned about the stack tests. After obtaining and reviewing the stack test results, on August 13, 2009, Region 5 issued a Finding of Violation (FOV) to Badger for violations of Subpart Db, specifically, for exceeding its allowable emission limits for nitrogen oxides (0.10 lb/mmBtu) at the Dryers/Thermal Oxidizers and a Waste Heat Boiler Process P10. According to the stack test reports submitted to Wisconsin Department of Natural Resources, Badger emitted 0.21 lb/mmBtu and 0.1037 lb/mmBtu, respectively. The parties held a conference to discuss the FOV on October 8, 2009. The facility submitted additional information to EPA on October 22, 2009.
While BadgerÂs October 22, 2008 stack test for NOx emissions demonstrated compliance with the NSPS Subpart Db emissions limit, the results were very close to the limit. Because the October 2008 test result was so close to the limit, EPA negotiated an agreement requiring Badger to install and operate a CEMS for measuring NOx at Process P10 to demonstrate continuous compliance. This Administrative Compliance Order (ACO) requires Badger to install a Monitor Tech