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Sunday, May 05, 2013

Ind. Decisions - More on "Court slaps down IDEM's plan to relax pollution rules at ethanol refineries"

Updating this ILB entry from May 1st, about the COA's April 30th decision in Natural Resources Defense Council v. Poet Biorefining, Mitchell Kirk reports today in the Logansport Pharos-Tribune in a story headed " The Andersons’ Clymers plant air permit questioned: Case rules IDEM wrongly reclassified ethanol plants." Some quotes:

LOGANSPORT — Management and lawyers for The Andersons’ Clymers ethanol plant are working to determine what impact the ruling of a recent Indiana Court of Appeals case regarding air pollutant emissions may have on the plant. * * *

An IDEM spokeswoman, Amy Hartsock, said the department is still conferring with attorneys as to whether or not to appeal. She did not reply to requests regarding whether or not IDEM would pursue getting EPA approval to reclassify the plants in the future.

Along with the two POET plants, four other ethanol plants in Indiana may be affected by the decision, including The Andersons’s Clymers ethanol plant south of Logansport. Each has a challenge pending with the Indiana Office of Environmental Adjudication.

Debra Crow, corporate communications manager at The Andersons, Inc., said the company is working to determine what kind of impact the decision may have on the plant.

“Keeping in mind the ruling is just three days old, the attorneys for all parties involved are still working to determine the impacts and next steps,” Crow said in an email Friday. “In the meantime, we will continue to operate our Clymers facility in concert with our existing air permit.”

Posted by Marcia Oddi on May 5, 2013 03:30 PM
Posted to Environment | Ind. App.Ct. Decisions