) SS: OF ENVIRONMENTAL MANAGEMENT
COMMISSIONER OF THE DEPARTMENT )
OF ENVIRONMENTAL MANAGEMENT, )
)
Complainant, )
)
v. ) Case No. 2002-11648-A
) Case No. 2002-12100-A
Anchor Glass Container Corporation, )
)
Respondent. )
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.
I. FINDINGS
OF FACT
1. Complainant is the Commissioner (AComplainant@) of the Indiana Department
of Environmental Management, a department of the State of
2. Respondent is Anchor Glass Container Corporation (ARespondent@), which owns and operates a stationary glass manufacturing facility located at 603 East North Street, Winchester, Randolph County, Indiana (ASite A@) and 200 West Belleview Drive, Lawrenceburg, Dearborn County, Indiana ("Site B").
3. The
4. Pursuant to IC 13-30-3-3, on
Mr. Richard M. Deneau, President C T Corporation System, Registered Agent
Anchor Glass Container Corp. for Anchor Glass Container Corporation
Mr. Joseph G. Clemis C T Corporation System, Registered Agent
Anchor Glass Container Corp. for Anchor Glass Container Corporation
5. An inspection of Site A and Site B 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 these inspections:
a. Pursuant to 326 IAC 2-2, any source implementing a modification at one of the major stationary sources listed under 326 IAC 2-2-1(p) which is located in an attainment or unclassifiable area as designated in 326 IAC 1-4, and which would result in a net emissions increase of actual or potential emissions that would equal or exceed one hundred (100) tons per year for carbon monoxide (CO), forty (40) tons per year for volatile organic compounds (VOCs), oxides of nitrogen (NOx), and sulfur dioxide (SO2), or more than twenty-five (25) or fifteen (15) tons per year for particulate matter (PM) and particulate matter of less than ten (10) microns (PM10), respectively, shall apply best available control technology (BACT). In order to avoid the requirements of 326 IAC 2-2, a limit of 19.06 pounds per hour PM emissions for Regenerative Furnace Number 2 was established in Part 70 Permit T135-6042-00012. The compliance test showed average PM emissions of 20.30 pounds per hour, a violation of Permit Condition D.2.1(a)) of the Part 70 Permit T135-6042-00012 (Site A).
b. Pursuant to Permit condition D.2.1(a) of the Part 70 Permit T-135-6042-00012, Regenerative Furnace Number 2 has an allowable Particulate Matter (PM) emission limit of 19.06 pounds per hour. A compliance test showed an average PM emissions of 20.30 pounds per hour, a violation of Permit condition D.2.1(a) of the Part 70 Permit T-135-6042-00012 (Site A).
c. Pursuant to 326 IAC
d. Pursuant to Permit condition C.21 of
the Part 70 Permit T029-6042-00007, a source shall keep records at the source
location for a minimum of three (3) years and have the records available upon
the request of an IDEM, Office of Air Quality (OAQ) inspector. The source failed to provide the Preventative
Maintenance Plan for Furnace #2 to the OAQ inspector during the
e. Pursuant to Permit condition D.3.8, D.4.8, D.5.8 and D.6.8 of the Part 70 Permit T029-6042-00007, the Permittee shall record the total static pressure drop across baghouses (ST3, ST4, ST5, ST6, ST7, ST8, ST10, ST11 and ST12) at least once daily when the associated equipment is operating and venting to the atmosphere. A commitment inspection on May 17, 2002 determined that total static pressure drop across the baghouses was not being recorded, a violation of Permit D.3.8, D.4.8, D.5.8 and D.6.8 of the Part 70 Permit T029-6042-00007 (Site B).
f. Pursuant to Permit condition D.2.9(b)
of the Part 70 Permit T029-6042-00007, the Permittee
shall maintain records of daily visible emission notations of the oil-fired
glass Furnace #2 stack exhaust. A
commitment inspection on
g. Pursuant to Permit condition D.3.9,
D.4.9, D.5.9 and D.6.9 of the Part 70 Permit T029-6042-00007, the Permittee shall maintain records of compliance monitoring
for the raw materials batch storage process, the raw materials batch weighing
and mixing process, the raw materials batch silo and the underground
conveyor. A commitment inspection on
6. A stack test of Furnace 2 was conducted in October 2002, this test demonstrated that Furnace 2 was in compliance.
7. 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 her delegate, and has been received by the Respondent. This Agreed Order shall have no force or effect until the Effective Date.
2. Respondent is assessed a civil penalty of Six Thousand and Two Hundred Dollars ($6,200). 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.
3. 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:
Cashier
Indiana Department of Environmental Management
4. In the event that the civil penalty required by Order paragraph 2, 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.
5. 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.
6. 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.
7. 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.
8. 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 Anchor
Glass Container Corporation
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: ________________________
Jay Rodia
Office of Legal Counsel
Date:
_______________________ Date:
______________________
APPROVED
AND ADOPTED BY THE INDIANA DEPARTMENT OF
ENVIRONMENTAL MANAGEMENT THIS _____ DAY OF ______________, 200 .
For the
Commissioner:
Signed on
Felicia A.
Robinson
Deputy
Commissioner
for
Legal Affairs