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State must seek EPA approval before reclassifying ethanol plants

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Even though the Environmental Protection Agency changed a rule to exclude ethanol plants from the category of chemical process plants which would affect emissions permitting, Indiana had to seek approval from the federal agency before it could reclassify the ethanol production facilities.

In 2010, the Indiana Department of Environmental Management issued permits to some fuel-grade ethanol production facilities which did not categorize them as “chemical process plants,” as had been the case in the past. Those that fall under the chemical process plant category are permitted to emit only 100 tons of certain air pollutants a year. Other facilities not under that category may emit up to 250 tons of certain air pollutants a year.

The Natural Resources Defense Council challenged the reclassification, which led IDEM’s Office of Environmental Adjudication to find the plants should have been considered under the chemical process plants category. But the Marion Superior Court reversed.

The issue before the Indiana Court of Appeals is whether the state could properly exclude fuel-grade ethanol plants from this category without EPA approval of a modification of the Indiana State Implementation Plan.

The last EPA-approved SIP from 2001 includes these plants as chemical process plants. In 2007, the EPA promulgated a final rule excluding the ethanol plants from the definition of “chemical process plant.” Indiana never sought approval from the EPA to change its SIP but did enact a new law and administrative rule making the modifications.

“As the EPA rule change was more than a mere ‘clarification,’ Indiana was obliged to seek approval of an amendment to its SIP. Because it did not, the OEA was correct that the facilities were chemical process plants pursuant to the Indiana SIP and permits allowing pollutant emissions at the 250 ton-per-year level should not have been issued absent an EPA-approved change in the Indiana SIP,” Judge Melissa May wrote in Natural Resources Defense Council v. Poet Biorefining-North Manchester, LLC; Poet Biorefining-Cloverdale, LLC; Central Indiana Ethanol, Inc., et al., 49A02-1205-MI-423.

“Even if the failure to amend Indiana SIP could be disregarded, as the appellees suggest, IDEM’s past consistent treatment of fuel ethanol plants as chemical process plants would dictate the result we reach,” she continued. “Because IDEM had, in its prior permitting decisions, given the term ‘chemical process plant’ a ‘definitive interpretation, and later significantly revise[d] that interpretation,’ it was obliged to seek EPA approval for an amended SIP.”

 

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  1. Indianapolis employers harassment among minorities AFRICAN Americans needs to be discussed the metro Indianapolis area is horrible when it comes to harassing African American employees especially in the local healthcare facilities. Racially profiling in the workplace is an major issue. Please make it better because I'm many civil rights leaders would come here and justify that Indiana is a state the WORKS only applies to Caucasian Americans especially in Hamilton county. Indiana targets African Americans in the workplace so when governor pence is trying to convince people to vote for him this would be awesome publicity for the Presidency Elections.

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  5. What a fine article, thank you! I can testify firsthand and by detailed legal reports (at end of this note) as to the dire consequences of rejecting this truth from the fine article above: "The inclusion and expansion of this right [to jury] in Indiana’s Constitution is a clear reflection of our state’s intention to emphasize the importance of every Hoosier’s right to make their case in front of a jury of their peers." Over $20? Every Hoosier? Well then how about when your very vocation is on the line? How about instead of a jury of peers, one faces a bevy of political appointees, mini-czars, who care less about due process of the law than the real czars did? Instead of trial by jury, trial by ideological ordeal run by Orwellian agents? Well that is built into more than a few administrative law committees of the Ind S.Ct., and it is now being weaponized, as is revealed in articles posted at this ezine, to root out post moderns heresies like refusal to stand and pledge allegiance to all things politically correct. My career was burned at the stake for not so saluting, but I think I was just one of the early logs. Due, at least in part, to the removal of the jury from bar admission and bar discipline cases, many more fires will soon be lit. Perhaps one awaits you, dear heretic? Oh, at that Ind. article 12 plank about a remedy at law for every damage done ... ah, well, the founders evidently meant only for those damages done not by the government itself, rabid statists that they were. (Yes, that was sarcasm.) My written reports available here: Denied petition for cert (this time around): http://tinyurl.com/zdmawmw Denied petition for cert (from the 2009 denial and five year banishment): http://tinyurl.com/zcypybh Related, not written by me: Amicus brief: http://tinyurl.com/hvh7qgp

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