STATE OF INDIANA ) BEFORE THE INDIANA DEPARTMENT

) SS: OF ENVIRONMENTAL MANAGEMENT

COUNTY OF MARION )

COMMISSIONER OF THE DEPARTMENT )

OF ENVIRONMENTAL MANAGEMENT, )

)

Complainant, )

)

v. ) Case No. 2001-10867-A

)

SAINT-GOBAIN CONTAINERS, INC. )

)

Respondent. )

The Complainant and the Respondent desire to settle and compromise this action without hearing or adjudication of any issue of fact or law, and consent to the entry of the following Findings of Fact and Order. Pursuant to IC 13-30-3-3, entry into the terms of this Agreed Order does not constitute an admission of any violation contained herein. Respondent's entry into this Agreed Order shall not constitute a waiver of any defense, legal or equitable, which Respondent may have in any future administrative or judicial proceeding, except a proceeding to enforce this order.

1. Complainant is the Commissioner ("Complainant") of the Indiana Department of Environmental Management, a department of the State of Indiana created by IC 13-13-1-1.

2. Respondent is Saint-Gobain Containers, Inc., which operates the glass container manufacturing plant located in Dunkirk, Jay county, Indiana ("Site").

3. The Indiana Department of Environmental Management ("IDEM") has jurisdiction over the parties and the subject matter of this action.

4. Pursuant to IC 13-30-3-3, on May 9, 2002, IDEM issued a Notice of Violation via Certified Mail to:

Bruce Cowgill, President C T, Registered Agent

Saint-Gobain Containers, Inc. Saint-Gobain Containers, Inc.

604 South Pinehurst 365 South Pennsylvania

Yorktown, Indiana 47396 Indianapolis, Indiana 46204

5. Pursuant to IC 13-30-3-3, on August 23, 2002, IDEM issued an Amended Notice of Violation via Certified Mail to:

Bruce Cowgill, President C T, Registered Agent

Saint-Gobain Containers, Inc. Saint-Gobain Containers, Inc.

604 South Pinehurst 365 South Pennsylvania

Yorktown, Indiana 47396 Indianapolis, Indiana 46204

6. A records review of Excess Emissions Reports was conducted by a representative of IDEM's Office of Air Quality (OAQ). The following violations were in existence or observed at the time of this records review:

A. Pursuant to 326 IAC 12, which adopts by reference 40 CFR 60.293, the owner or operator of an affected facility that is subject to emission limits specified under 40 CFR 60.293(b), shall install, calibrate, maintain, and operate a continuous monitoring system for the measurement of the opacity of emissions discharged into the atmosphere from the affected facility.

1. The quarterly opacity monitor reports for the second operating quarter of 2001 indicate that the continuous opacity monitor ("COMs") for the glass melting furnace designated as No. 2, was not operating properly. Specifically, the monitor failed to record the opacity readings from the monitors during approximately 7.04% of the operating quarter at glass melting furnace No. 2, violations of 326 IAC 12.

2. The quarterly opacity monitor reports for the third operating quarter of 2001 indicate that the continuous opacity monitor ("COMs") for the glass melting furnace designated as No. 1, was not operating properly. Specifically, the monitor failed to record the opacity readings from the monitors during approximately 5.34% of the operating quarter at glass melting furnace No. 1, violations of 326 IAC 12.

3. The quarterly opacity monitor reports for the third operating quarter of 2001 indicate that the continuous opacity monitor ("COMs") for the glass melting furnace designated as No. 2, was not operating properly. Specifically, the monitor failed to record the opacity readings from the monitors during approximately 4.71% of the operating quarter at glass melting furnace No. 2, violations of 326 IAC 12.

4. The quarterly opacity monitor reports for the fourth operating quarter of 2001 indicate that the continuous opacity monitor ("COMs") for the glass melting furnace designated as No. 2, was not operating properly. Specifically, the monitor failed to record the opacity readings from the monitors during approximately 10.23% of the operating quarter at glass melting furnace No. 2, violations of 326 IAC 12.

5. The quarterly opacity monitor reports for the first operating quarter of 2002 indicate that the continuous opacity monitor ("COMs") for the glass melting furnace designated as No. 2, was not operating properly. Specifically, the monitor failed to record the opacity readings from the monitors during approximately 22.68% of the operating quarter at glass melting furnace No. 2, violations of 326 IAC 12.

6. The quarterly opacity monitor reports for the second operating quarter of 2002 indicate that the continuous opacity monitor ("COMs") for the glass melting furnace designated as No. 2, was not operating properly. Specifically, the monitor failed to record the opacity readings from the monitors during approximately 17.24% of the operating quarter at glass melting furnace No. 2, violations of 326 IAC 12.

7. The quarterly opacity monitor reports for the third operating quarter of 2002 indicate that the continuous opacity monitor ("COMs") for the glass melting furnace designated as No. 2, was not operating properly. Specifically, the monitor failed to record the opacity readings from the monitors during approximately 9.9% of the operating quarter at glass melting furnace No. 2, violations of 326 IAC 12.

7. Respondent purchased and installed a new opacity monitor for Tank 1 with improved software and fiber optic technology, operational on January 29, 2003.

8. Respondent upgraded software on the Tank 2 Opacity Monitor and repaired the network hub to allow improved communication between the server and the printer. Wiring was replaced from the communications between the stack and the computer system with high temperature wiring to alleviate data loss. Respondent implemented these changes between June 2001 and November 7, 2002.

9. Respondent connected the Tank 2 opacity monitor computer to an uninterruptible power supply on June 27, 2002.

10. In recognition of the settlement reached, Respondent waives any right to administrative and judicial review of this Agreed Order.

1. This Agreed Order shall be effective ("Effective Date") when it is approved by the Complainant or her delegate, and has been received by the Respondent. This Agreed Order shall have no force or effect until the Effective Date.

2. Respondent shall comply with 326 IAC 12 which Respondent was found to be in violation; as cited under "Findings of Facts".

3. All submittals required by this Agreed Order, unless notified otherwise in writing, shall be sent to:

Mrs. Amy L. Moreland, Enforcement Case Manager

Office of Enforcement

Indiana Department of Environmental Management

100 N. Senate Avenue

P. O. Box 6015

Indianapolis, IN 46206-6015

4. Respondent is assessed a civil penalty of Twenty-Six Thousand Five Hundred Sixty-Two Dollars and fifty cents ($26,562.50). Said penalty amount shall be due and payable to the Environmental Management Special Fund within 30 days of the Effective Date of this Agreed Order.

5. Civil penalty is payable by check to the Environmental Management Special Fund. Checks shall include the Case Number (2001-10867-A) of this action and shall be mailed to:

Cashier

IDEM

100 N. Senate Avenue

P. O. Box 7060

Indianapolis, IN 46207-7060

6. In the event that the civil penalty required by Order paragraph 4, is not paid within thirty (30) days of the Effective Date of this Agreed Order, Respondent shall pay interest on the unpaid balance at the rate established by IC 24-4.6-1-101. The interest shall continue to accrue until the civil penalty is paid in full.

7. This Agreed Order shall apply to and be binding upon the Respondent, its successors and assigns. The Respondent's signatories to this Agreed Order certify that they are fully authorized to execute this document and legally bind the parties they represent. No change in ownership, corporate, or partnership status of the Respondent shall in any way alter its status or responsibilities under this Agreed Order.

8. In the event that any terms of the Agreed Order are found to be invalid, the remaining terms shall remain in full force and effect and shall be construed and enforced as if the Agreed Order did not contain the invalid terms.

9. The Respondent shall provide a copy of this Agreed Order, if in force, to any subsequent owners or successors before ownership rights are transferred. Respondent shall ensure that all contractors, firms and other persons performing work under this Agreed Order comply with the terms of this Agreed Order.

10. This Agreed Order shall remain in effect until Respondent has complied with all terms and conditions of this Agreed Order.

TECHNICAL RECOMMENDATION: RESPONDENT:

Department of Environmental Management Saint-Gobain Containers, Inc.

By: By:

David P. McIver

Chief, Air Section Printed:

Office of Enforcement

Title:

Date: Date:

COUNSEL FOR COMPLAINANT: COUNSEL FOR RESPONDENT:

Department of Environmental Management

By: By:

Office of Legal Counsel

Department of Environmental

Management

Date: Date:

APPROVED AND ADOPTED BY THE INDIANA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT THIS DAY OF , 200_.

For the Commissioner:

Signed 4/10/03

Felicia A. Robinson

Deputy Commissioner

for Legal Affairs