Winnebago, MN – Ethanol producer Corn Plus was sentenced in November 2011, following an investigation by the Environmental Protection Agency (EPA) and the Minnesota Pollution Control Agency, for falsifying emissions reports under the Clean Air Act. The company admitted to deliberately withholding information regarding the operational status of its pollution control equipment, raising concerns about potential environmental harm and a disregard for regulatory compliance.
According to court documents, Corn Plus, located in Winnebago, Minnesota, operates multiple “baghouses” designed to filter particulate matter from its emissions. These baghouses are crucial for adhering to the terms of the company’s Clean Air Act permit. The permit requires consistent monitoring of air pressure drop readings within these baghouses – a vital metric indicating proper function. However, between July 1 and December 31, 2010, Corn Plus failed to report instances where these readings fell *outside* the permitted parameters.
The falsification wasn’t a one-time occurrence. Corn Plus confessed to submitting similarly inaccurate reports in both 2009 and 2010, deliberately misleading regulators about the effectiveness of its pollution controls. The company’s report dated January 27, 2011, served as the immediate catalyst for the federal charges, but the investigation revealed a pattern of deceptive practices. This raises questions about the extent to which the company prioritized cost-cutting measures over environmental responsibility.
Legal Ramifications
Corn Plus was charged with violating Title 18 U.S. Criminal Code, specifically 33 U.S.C. 1319, which addresses false statements made in relation to federal environmental regulations. The company ultimately pleaded guilty and received a sentence of three years probation and a $450,000 federal fine. As part of the probation terms, Corn Plus is mandated to implement internal compliance monitoring systems and conduct company-wide training programs aimed at preventing future violations.
EPA Response
Randall Ashe, Special Agent in Charge of the EPA’s criminal enforcement program in Minnesota, emphasized the seriousness of the offense. “The Clean Air Act is designed to protect the air we all breathe. To assure compliance, governments need complete and accurate reports. Violators who submit false information undermine our efforts to protect the public and the environment. Today’s guilty plea shows that if a business chooses to ignore these critical safeguards, it can expect to pay a substantial price,” he stated following the sentencing.
Looking Ahead
While the financial penalty and mandated reforms represent a degree of accountability, environmental watchdogs are calling for increased scrutiny of the ethanol industry’s compliance with air quality standards. The case highlights the importance of robust monitoring and enforcement mechanisms to ensure that companies prioritize environmental protection alongside economic gain. Assistant U.S. Attorney David M. Genrich prosecuted the case, demonstrating a commitment to holding polluters accountable.
Key Facts
- Defendant: Corn Plus
- Location: Winnebago, Minnesota
- Crime: Falsifying Clean Air Act emissions reports
- Laws Violated: Title 18 U.S. Criminal Code, 33 U.S.C. 1319
- Penalty: $450,000 fine, 3 years probation
- Probation Terms: Internal compliance monitoring, company-wide training
- False Reporting Period: 2009-2011
Source: EPA ECHO Enforcement Case Database
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