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Arbor Hills Energy (a.k.a. Fortistar) was issued a Violation Notice on December 2, 2020, for exceeding the allowable sulfur dioxide (SO2) emission rate from one of the electric generating turbines at its facility. The emission limits, as well as the requirements to conduct periodic emission tests, are contained in the landfill's Clean Air Act Title V Renewable Operating Permit. This is at least the fifth Violation Notice issued to Arbor Hills Energy (AHE) by the Michigan Department of Environment, Great Lakes, and Energy (EGLE) for excess SO2 emissions in less than 2 years. AHE has consistently failed the required periodic emissions testing since 2015 but has not initiated steps to lower SO2 emissions.
The EPA classifies sulfur dioxide as a criteria pollutant and requires states to develop plans to ensure air quality meets the National Ambient Air Quality Standards (NAAQ). There are parts of Michigan, including downriver Detroit, that do not currently meet the NAAQ standards for SO2 (nonattainment areas). Enforcement of the permit emission limits for criteria pollutants is critical to attaining the NAAQ standards (clean air). Other landfills in the Metro Detroit area have made the necessary investment to install sulfur removal equipment to comply with permit emission restrictions.
The graph below shows how the SO2 emissions from the Arbor Hills site (as reported by the landfill operators) have increased.
Operating landfill gas to energy facilities is a core business for AHE; this is what they do. The increasing SO2 emissions should not be unexpected; it is common for the sulfur content of landfill gas to increase as the landfill ages. AHE is well aware of the proven technologies that could be used to remove sulfur from the landfill gas (i.e. lower the SO2 emissions) but has not made the necessary investment.
The good news for our community is the enforcement of the emission limitations has been elevated. The enforcement proceedings now includes the involvement of the US Department of Justice and the Michigan Attorney General's Office. The enforcement is being led by the USEPA. Although detailed status updates have been difficult to obtain, The Conservancy Initiative will continue to track the enforcement proceedings as closely as possible and we will report anything significant we learn.
Attached is a summary of the enforcement events we have put together to preserve the history. This information was gleaned from publicly available documents.
Attachment 1 – Summary of AHE Compliance Violations
The documented compliance violations at Arbor Hills Energy have been ongoing since at least 2015. The following synopsis has been put together from a review of publicly available documentation and discussion with EGLE inspectors:
MDEQ Air Quality Division (AQD) enforcement action taken against Arbor Hills Energy (AHE) which culminated with Consent Order 16-2015 on May 5, 2015. The enforcement actions were related to carbon monoxide (CO) emissions exceeding AHE's permit limitation. The Consent Order required extensive emission testing be conducted between June 1, 2015, and June 1, 2018.
AQD began a new enforcement proceeding on November 4, 2015, against AHE due to SO2 emission exceeding allowable levels. The U.S. EPA assumed the lead in resolving these violations.
The EPA issued a Finding of Violation (FOV) on September 29, 2016, related to continuing SO2 emission exceedances and findings from an inspection conducted in May 2016 and a follow-up request for information from AHE. The FOV summarized emissions limits which have been continuously exceeded since at least March 2015. To date, the EPA has yet to reach a settlement agreement with AHE but enforcement proceedings are ongoing.
It is important to note that during one emission test event (May 2018) AHE was alleged to have shut off up to 25 gas wells known to have high sulfur content which would reduce SO2 emissions during the testing. It appears the EPA began a criminal investigation into the event, but no penalties have resulted. The closed gas wells are documented in EGLE site inspection report dated November 14, 2019. The EPA investigation was confirmed by discussions with personnel involved with the investigation.
AHE has been issued at least 5 Violations Notices (VN_20180830.pdf, VN_20191209.pdf, VN_20190201.pdf, VN_20200303.pdf, VN_20201202.pdf) since August 2018 for continuing to exceed SO2 emission limitations as well as other violations including unpermitted venting of landfill gas during startup/shutdown operations and unpermitted use of diesel fuel. No corrective actions have been taken.