On August 23rd EGLE issued a violation to Arbor Hills Energy (a.k.a. Fortistar) for beginning construction of a Renewable Natural Gas (RNG) facility prior to obtaining the required air permits (commonly called Permits to Install or PTI). Installation of the RNG plant is the preferred option to demonstrate compliance with the Consent Decree issued in September 2021. This Consent Decree was part of a settlement agreement with the USEPA and EGLE to resolve violations for excess SO2 emissions and other environmental violations that have been ongoing since at least 2016 at the facility.
On September 1st EGLE announced changes to the AHE Consent Decree. This Consent Decree requires AHE to significantly reduce Sulfur Dioxide (SO2) by March 31, 2023. AHE has reported supply chain issues that are delaying the installation of the Renewable Natural Gas (RNG) plant they have announced. AHE has requested and been granted extensions to the deadlines contained in the Consent Decree. The new deadlines are:
By May 15, 2023, high-quality landfill gas will be treated in a partially constructed Renewable Natural Gas facility to remove hydrogen sulfide. [Removing hydrogen sulfide from the landfill gas will reduce SO2 emitted when the gas is combusted.]
By October 31, 2023, the full Renewable Natural Gas facility must be operational, greatly reducing SO2 emissions.
The installation of the Renewable Natural Gas (RNG) plant is the most efficient and environmentally friendly alternative for handling the landfill gas. The new deadlines require the installation of sulfur removal equipment by May 15, 2023, 45 days later than the original deadline, while providing additional time for installation of the full RNG plant.
The Conservancy Initiative understands this is a sensitive issue. The RNG plant is the best option for the community. The RNG plant will significantly reduce the combustion of landfill gas and the related emissions from combustion. EGLE and the USEPA appear to be making reasonable accommodations to allow AHE additional time for the installation of the RNG plant.
AHE is well aware of the requirements of the environmental permitting process; this is their core business. The permitting requirements in Michigan are not significantly different in other states. It appears AHE is behind schedule and the route they choose to speed up construction was to bypass the permitting process.
It is doubtful any additional enforcement actions will arise from these events, but we will continue to watch closely. We are very hopeful the RNG plant construction will be completed and that the plant will be fully operational by October 31, 2023.
Below are links to relevant documents.
Arbor Hills Energy - Original Settlement and Consent Decree
Arbor Hills Energy - Consent Decree Amended
Arbor Hills Energy - Violation for Construction with Permit