May 13, 2024
Anne Vogel
Director, Ohio Environmental Protection Agency
Dear Ms. Vogel
I’m writing to
you today regarding the LAMP application for the Emerald BioEnergy facility at
2279 Co Rd 156, Cardington, OH 43315-9742, 4IN00204. It has come to my attention that Emerald has
submitted a LAMP (land application management plan) to move from a NPDES to a
LAMP. This is extremely concerning to me
and others that have suffered at the hands of Renergy and its facilities
(Dovetail, Emerald and Steamtown). So,
Emerald wants to go to a less restrictive process and OEPA is considering this
move? We all know that Renergy has an
extensive history of noncompliance with federal and state regulations and
requirements.
I believe the
following Emerald data/information shows the actions of a company that has no intention
of following any rules, regulations or guidelines that apply to them. (All
information received via request for information, websites and/or databases)
• Over
300 complaints to OEPA regarding the Emerald facility
• 1
Fire
o
Emerald reported to OEPA fire was contained in 2
hours
o
Fire departments reported onsite for 8 hours
dousing the biodigester with water to prevent an explosion due to the methane leak.
Statement by one of the fire departments,
“OEPA was notified and declined to respond.”
• 4
Spills – Has OEPA issued any NOVs on these spills?
o
Dec 24, 2022, 2212EPA0001909
o
Apr 17, 2021, 2104EPA0000532
o
Oct 26, 2019, 1910EPA0001767
o
Jan 23, 2019, 1910EPA0000108
• 12
OEPA Notice of Violations (Sep 18 – Oct 22)
o
Exceeded incoming feedstock limits
o
Unpermitted temporary storage tanks
o
Improper application of biosolids x 5
o
Exceeded agronomic rates x 2
o
Over MDL (freeboard) and MOL limits on 4 ponds
(3 NOVs from Mar 20 – Mar 21)
o
Nuisance odors
o
Unpermitted fac tanks (82) with 1.4 million
gallons, 6 times more feedstock storage than permitted
o
Feedstock tank removed which is an integral
piece of equipment for the operation of the biodigester
o
Discrepancies in recordkeeping, multiple occasions
o
Lack of required documentation
o
Uncontrolled venting of digester gas due to
blower motor and B003 not in operation for 22 months
• USEPA
ECHO reporting
o
12 Quarters of noncompliance by USEPA
• 9
Quarters of Violations Identified
• 3
Quarters of Significant/Category Noncompliance
• 8
Letter of Violations/Warning Letter as reported to USEPA by OEPA (Aug 19 – Aug 22)
o
18 Violations pertaining to Effluent Charts from
Jan 21 – May 24
• Dec
23, E Coli 697 MPN/100 ML, advisory range 235-1000
• Mar
22, Cadmium 322 mg/kg, limit 85 mg/kg, 279%
• Nov
22, Arsenic 81.39 mg/kg, limit 75 mg/kg, 9%
• Oct
22, Molybdenum 97.51 mg/kg, limit 75 mg/kg, 30%
• Detention
Time violations = 18 over DMR Limit Value
o
Single Event Violations:
• Biosolids
- Land Application: Applied to Land at Greater than the Agronomic Rate
Violation
• Biosolids: Other Management Practice Violation
• WW
SSO - Failure to report other violations
• WW
SSO - Improper Operation and Maintenance
• Biosolids
- Land Application: Applied to Land that is 10 meters or less from WOTUS
Violation
o
Schedule Event Violations:
• Monitoring
Plan – Permit Scheduling Violation since Jun 21
• Study
Plan – Permit Scheduling Violation since Jul 21
My concerns:
o
PFAS reporting
o
OEPAs lack of inspections and oversight
o
How will this feedstock be treated?
o
Air toxics modeling study for Emerald’s lagoons?
o
Email traffic received via a request for
information actions discusses the following:
• Liner
for Emerald’s L4
• Lime
treatment of L1
• Relocating
the Dovetail digester to Steamtown
• “Possible
federal consent order to overlap with some of water’s requirements”
• MOL
marker certification, accuracy, and continued history of exceeding
MOL/freeboard levels (was an NOV issued?)
• COPI
adjustments and accuracy
• 2021
& 2022 Annual Sludge Reports discrepancies
• Renergy
agreed “in good faith to inspect the damage in L4” (you’ve got to be kidding me), then OEPA
agrees to delete the requirement for a liner
• Emerald’s
pipe system was interconnected and causing additional releases of untreated
material
• Land
applying untreated material
• OEPA
agrees to deleted requirement for a certified operator
o
Per OEPA, on numerous occasions, citizens and
elected officials have been told that the lagoons must be emptied and “scrubbed”
before any material entering the lagoons can be considered “biosolid free,” how
will this be accomplished?
o
Per OAC 3745-42-13(a)-(f): Demonstration of
Financial, Legal and Technical Capabilities.
• Financial
- Renergy and Alex Ringler have multiple default judgements in the Morrow
County Common Pleas Courts.
• Legal
– Renergy has been named as a plaintiff in Greene County, Morrow County and US
Federal Court multiple times.
• Technical
- Renergy has been found noncompliant by
USEPA, OEPA and RAPCA dozens of times.
o
Violating the Clean Air Act (CAA) and the State
of Ohio’s State Implementation Plan (SIP).
o
Per USEPA’s NOV, EPA-5-22-OH-04, August 2, 2022,
Emerald were cited for 8 violations to include:
§ Lack of recordkeeping
§ Emerald – Flare and Engine inoperable Jun 2020 –
Nov 2021
§ Hydrogen Sulfide, Sulfur Dioxide, and Methane concentrations
above permitted levels
§ Heat Contents below permitted thresholds
§ Invalid PERs per above violations
o
Emerald Preliminary Compliance Report for May
2023, compliance issues regarding MOLs
o
Emerald’s production of biosolids/effluent for
BUS each year, are they producing far more than they can expect to use or are
they just continuing to produce, produce, produce with no end game in mind?
o
Total amount of fines/penalties issued to
Renergy vs total amount paid?
The list above does not encompass ALL
of the concerns, questions and head scratching items that I and other Buckeyes
are extremely concerned about.
I am requesting a face-to-face meeting with
you ASAP. I am also requesting that OEPA
hold off on approving Emerald’s LAMP application so more research/investigation
can be accomplished.
Sincerely,
Lorie
Venable 937-241-5580
NOTE: Per the federal case files on behave of Bath
Township and Fairborn, “Mr. Jim Orlemann, former Assistant Chief SIP, Development
and Enforcement for Ohio EPA’s Division of Air Pollution Control provided technical
engineering assistance.”
