On Jan. 30, the U.S. Department of Justice lodged a proposed First Amendment to Consent Decree with the U.S. District Court for the Central District of Illinois in a 2003 lawsuit filed against Archer Daniels Midland Co. over Clean Air Act issues.
The First Amendment modifies the Consent Decree and certain implementing federal and state regulations at 52 seed and grain processing plants of Archer Daniels Midland (ADM) located in 11 states. Certain issues involving the implementation and compliance with emissions limits for volatile organic compounds (VOC) have arisen with respect to ADM’s plants in Marshall, Minnesota, and Columbus, Nebraska, said Justice in a notice to be published in the Feb. 5 Federal Register.
Under the Consent Decree, ADM will perform a substitute project to reduce pollutants at the Marshall plant (the replacement of two coal-fired boilers with a natural gas boiler), and will be responsible for an offset of VOC emissions at a facility owned by Malnove Incorporated of Nebraska, located in Omaha, Nebraska (the removal of a high-VOC emitting rotogravure printing press and its replacement with a replacement low-VOC emitting press, or no replacement at all). At the time of lodging of this change, the replacement of the two coal-fired boilers at the Marshall facility and the dismantling of the rotogravure printing press have already been accomplished.
In addition, the First Amendment modifies the original Consent Decree by allowing partial terminations of the Consent Decree for those ADM facilities that have completed all of the compliance obligations under the Consent Decree.
The First Amendment requires replacement of the two coal-fired boilers at the Marshall plant no later than Dec. 31, 2013, and a demonstration of compliance with the pollution reduction requirements no later than Jan. 30, 2014.