The U.S. Environmental Protection Agency (EPA), Region 5, issued a Consent Agreement and Final Order (CAFO) and under the Clean Air Act (the Act) to United Wisconsin Grain Producers LLC (UWGP) for violations of the Wisconsin State Implementation Plan (SIP) and UWGP�s Construction Permits for air emissions sources. UWGP also violated Section 111 of the CAA, 42 U.S.C.� 7411, containing the following New Source Performance Standards (NSPS) Subparts:
� Subpart Kb, Standards of Performance for Volatile Organic Liquid Storage Vessels for Which Construction, Reconstruction, or Modification Commenced after July 23, 1984 (NSPS Subpart Kb).
� Subpart VVa, Standards of Performance for Equipment Leaks of VOCs in the Synthetic Organic Chemicals Manufacturing Industry for Which Construction, Reconstruction, or Modification Commenced After November 7, 2006 (NSPS Subpart VVa).
UWGP owns and operates an ethanol manufacturing facility at W123 Tessman Drive in Friesland, Wisconsin. Specifically, EPA alleges that UWGP failed to: 1) properly operate their fermentation process and associated pollution control equipment; 2) conduct inspections per NSPS Subpart Kb; and 3) conduct a compliant leak detection and repair program per NSPS Subpart VVa. EPA discovered these violations while inspecting the facility on July 28, 2011, and after reviewing data acquired from UWGP via an information request. EPA issued a Notice and Finding of Violation (NOV/FOV) on March 15, 2012.
On June 2