Ohio, Renergy settle over biodigester emissions case

“We are pleased that the Greene County Court of Common Pleas entered the consent order, which represents a negotiated settlement between Renergy and the Ohio EPA,” Renergy COO Cari Oberfield said. “Renergy has already started the process of preparing the air permit application and looks forward to returning to full compliance.”

Oberfield added that levels of ammonia emitted from the tank are estimated to be much less than the ammonia from a typical hog manure lagoon, which is exempt from air permitting requirements.

The city of Fairborn and Bath Twp. have also filed a federal lawsuit against the companies, as well as the Ohio and U.S. Environmental Protection Agencies, alleging violations of the Clean Air Act. The lawsuit was filed in the U.S. District Court for Southern Ohio in Dayton.

The Ohio Attorney General’s office filed its lawsuit at the request of the Ohio EPA director nine days prior to the settlement.

Questions to the Ohio Attorney General’s office and the Ohio EPA were not immediately answered Tuesday.

The facility at 1156 Herr Road has been a source of controversy for years, as neighbors have complained of odors, and Bath Twp. officials have pursued zoning controls. The biodigester, located between Fairborn and Yellow Springs, is an organic waste processing facility that uses anaerobic digestion to produce methane gas that can be burned to produce electricity. It was built in 2013-14.