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STATE OF |
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BEFORE THE INDIANA
DEPARTMENT |
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COMMISSIONER OF THE
DEPARTMENT Complainant, v. ESSROC CEMENT CORP., Respondent. |
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2003-13630-A 2005-14915-A 2006-15476-A |
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AGREED ORDER
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.
I.
FINDINGS OF FACT
1.
Complainant is
the Commissioner (“Complainant”) of the Indiana Department of Environmental
Management, a department of the State of
2.
Respondent is ESSROC
Cement Corp. ("Respondent"), which owns and operates the stationary
cement plant with Plant ID No. 019-00008, located on Highway 31 in Speed,
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 August 25, 2005 and January 18, 2006, IDEM issued a Notice of
Violation and subsequently issued an Amended Notice of Violation via Certified
Mail to:
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George
Gregory, President |
CT Corporation System,
Registered Agent |
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ESSROC Cement Corp. 3241 Bath Pike |
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5.
A records review
was conducted of the Site by a representative of IDEM’s Office Air Quality
(OAQ). The following violations were in
existence or observed at the time of this record review:
a. Pursuant
to 326 IAC 10-1-6, the owner or operator of a facility subject to 326 IAC 10-1
shall install and operate a continuous emissions monitor (“CEM”) to measure
Nitrogen Oxides (“NOx”) emissions from Kiln Nos. 1 and 2.
On June 11, 2002, Respondent conducted a Relative Accuracy Test Audit (“RATA”)
on the NOx CEM for Kiln No.1. IDEM
reviewed the results of this test audit, and determined that the CEM had failed
to achieve a relative accuracy of ten percent (10%) of the applicable standard,
pursuant to 40 CFR 60, Appendix B. Respondent performed a RATA on this CEM on April
8-9, 2003, at which time the CEM passed the test audit. Consequently, the NOx emissions data produced
by this CEM between June11, 2002 and April 9, 2003 are considered invalid. Based upon these findings, IDEM has
determined that this CEM failed to produce valid NOx emission data for Kiln No.
1 during this time period, a violation of 326 IAC 10-1-6.
b. Pursuant
to 326 IAC 10-1-6, the owner or operator of a facility subject to 326 IAC 10-1
shall install and operate a CEM to measure NOx emissions from Kiln Nos. 1 and
2.
On April 9, 2003, Respondent conducted a RATA on the
NOx CEM for Kiln No. 2. DEM reviewed the results of this test audit, and
determined that the CEM had failed to achieve a relative accuracy of ten
percent (10%) of the applicable standard, pursuant to 40 CFR 60, Appendix
B. Respondent performed a second RATA on
this CEM on June 22, 2004, at which time the CEM passed the test audit. Consequently,
the NOx emissions data produced by this CEM between April 9, 2003 and June 22,
2004 are considered invalid. Based upon
these findings, IDEM has determined that this CEM failed to produce valid NOx
emission data for Kiln No. 2 during this time period, a violation of 326 IAC
10-1-6.
c.
Pursuant to 326
IAC 10-1-6, the owner or operator of a facility subject to 326 IAC 10-1 shall
install and operate a CEM to measure NOx emissions from Kiln Nos. 1 and 2.
On July 21, 2004 Respondent conducted a RATA on the
NOx CEM for Kiln No. 2. IDEM reviewed the results of this test audit, and
determined that the CEM had failed to achieve a relative accuracy of ten
percent (10%) of the applicable standard, pursuant to 40 CFR 60, Appendix
B. Respondent performed a second RATA on
this CEM on August 17, 2004, at which time the CEM passed the test audit. Consequently, the NOx emissions data produced
by this CEM between July 21, 2004 and August 17, 2004 are considered
invalid. Based upon these findings, IDEM
has determined that this CEM failed to produce valid NOx emission data for Kiln
No. 2 during this time period, a violation of 326 IAC 10-1-6.
d.
Pursuant to 326
IAC 3-5, a Continuous Opacity Monitor (“COM”) shall be installed and operated
to verify compliance with opacity limitations from the Kiln No. 1 Clinker
Cooler stack.
A representative from IDEM's Office of Air Quality
(“OAQ”) has reviewed Respondent's quarterly opacity monitoring report for the
first quarter of 2003. This report
indicates that the COM for the Kiln No. 1 Clinker Cooler failed to produce
valid data for a period of 48.1 hours out of 1555.2 hours of operation, or
3.09% of the operating hours. This
constitutes a violation of 326 IAC 3-5.
e.
Pursuant to 326
IAC 6-4-2(4), no source shall allow fugitive dust to visibly cross the boundary
or property line of a source.
On
December 3, 2003, a representative of IDEM’s OAQ conducted an inspection at
this source. At the time of the
inspection, the inspector observed fugitive emissions, emanating from the
preheater ductwork, cross the county road on the northwest side of the plant at
ground level, a violation of 326 IAC 6-4-2(4).
f.
Pursuant to 326
IAC 6-4-2(4), no source shall allow fugitive dust to visibly cross the boundary
or property line of a source.
On
August 24, 2004, a representative of IDEM’s OAQ conducted an inspection at this
source. At the time of the inspection,
the inspector observed fugitive emissions, emanating from road traffic, cross
the plant’s property line at ground level, a violation of 326 IAC 6-4-2(4).
g.
Pursuant to 326
IAC 20-27, the provisions of 40 CFR 63, Subpart LLL, National Emission Standards
for Hazardous Air Pollutants for Source Categories: Portland Cement Facilities,
were adopted by reference by the air pollution control board. Pursuant to 40
CFR 63.1342, the opacity for all raw mills, finish mills, raw material dryers,
and material handling points shall not exceed ten percent (10%).
On
December 3-5, 2002, a representative of IDEM’s OAQ observed testing at this
source. During these tests, the
inspector noted that emissions from the North Reclaim Belt and the North
Transfer Tower had emissions which exceeded the allowable opacity limit of ten
percent (10%), violations to 326 IAC 20-27 and 40 CFR 63.
h.
Pursuant to 326
IAC 10-1-4, NOx emissions from each portland cement long dry kiln with a
clinker production capacity greater than or equal to twenty (20) tons per hour
shall not exceed 10.8 lbs/ton of clinker produced on an operating day basis and
6.0 lbs/ton of clinker produced on a thirty (30) day rolling average basis.
During the 2nd Quarter 2003, Respondent exceeded the daily limit from
Kiln 1 on three (3) days and exceeded the thirty (30) day rolling limit on
sixty (60) days, violations of 326 IAC 10-1-4.
During the 4th Quarter 2003, Respondent exceeded the daily limit from
Kiln 1 on three (3) days and exceeded the thirty (30) day rolling limit on
thirty-five (35) days, violations of 326 IAC 10-1-4.
During the 1st Quarter 2004, Respondent exceeded the thirty (30) day
rolling limit from Kiln 1 on twenty-seven (27) days, violations of 326 IAC
10-1-4.
During the 2nd Quarter 2004, Respondent exceeded the thirty (30) day
rolling limit from Kiln 1 on twelve (12) days, violations of 326 IAC 10-1-4.
i.
Pursuant to 326
IAC 6-1-2 and Permit 019-6016-00008 Condition D.3.2(a), the particulate matter
(PM) emission rate from each of the raw mill facilities shall not exceed 0.03
grains per dry standard cubic foot (gr/dscf) of exhaust air.
Respondent performed PM testing of the sidewinder (pneumatic transfer pump)
EU15 raw mill facility on March 4, 2005.
This testing demonstrated averaged PM emissions of 0.04 gr/dscf, a
violation of 326 IAC 6-1-2 and Permit 019-6016-00008 Condition D.3.2(a).
6.
In recognition
of the settlement reached, Respondent waives any right to administrative and
judicial review of this Agreed Order.
II.
ORDER
1.
This Agreed
Order shall be effective ("Effective Date") when it is approved by
the Complainant or his 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 10-1-4, 326 IAC 10-1-6, 326 IAC 3-5, 326 IAC 6-4, 326 IAC
20-27 and 326 IAC 6-1-2.
3.
Respondent is
assessed a civil penalty of Two Hundred Ninety-Nine Thousand, Eight Hundred Dollars
($299,800). Said penalty amount shall be
due and payable to the Environmental Management Special Fund within thirty (30)
days of the Effective Date of this Agreed Order.
4.
Civil penalties
are payable by check to the Environmental Management Special Fund. Checks shall
include the Case Number of this action and shall be mailed to:
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Indiana
Department of Environmental Management |
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Cashier’s
Office - Mail Code 50-10C |
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5.
In the event
that the civil penalty required by Order Paragraph No. 3 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.
6.
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.
7.
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.
8.
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.
9.
This Agreed
Order shall remain in effect until Respondent has complied with Order paragraph
No. 3.
The remainder of this page
intentionally left blank.
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TECHNICAL RECOMMENDATION: |
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RESPONDENT: |
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Department of Environmental Management |
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ESSROC Cement Corp. |
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By: |
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By: |
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David P. McIver |
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Printed: |
George E. Gregory |
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Chief, Air Section |
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President and CEO |
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Office of Enforcement |
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COUNSEL FOR COMPLAINANT: |
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COUNSEL FOR RESPONDENT: |
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Department of Environmental Management |
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Office of Legal Counsel |
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Date: |
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APPROVED AND ADOPTED BY THE INDIANA DEPARTMENT OF
ENVIRONMENTAL |
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MANAGEMENT THIS |
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DAY
OF |
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, 2006. |
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For The Commissioner: |
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Signed on September 1, 2006 |
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Matthew T. Klein |
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Assistant Commissioner |
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of Compliance and Enforcement |
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