|
STATE OF |
) |
|
BEFORE THE INDIANA
DEPARTMENT |
||
|
|
|||||
|
COMMISSIONER OF THE
DEPARTMENT Complainant, v. HARSCO CORPORATION, Respondent. |
) |
|
|||
AGREED ORDER
Complainant and 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 (“IDEM”), a department of the State of
2.
Respondent is
Harsco (“Respondent”), which owns and operates a briquette manufacturing
facility with Plant ID No. 089-00323, located at
3.
IDEM has
jurisdiction over the parties and the subject matter of this action.
4.
Pursuant to IC
13-30-3-3, IDEM issued a Notice of Violation on August 8, 2007 via Certified
Mail to:
|
Steven H. Milter, President and Registered Agent |
|
|
|
|
5.
During an
investigation conducted by a representative of IDEM, the following violations
were found:
a.
Pursuant to 326
IAC 2-8-4, 326 IAC 2-8-5(a)(1) and condition D.1.5 of Federally Enforceable
State Operating Permit (FESOP) No. 13994, visible emission notations of the
drying system baghouse stack exhaust and the raw material storage silo shall be
performed once per shift during normal daylight operations when exhausting to
the atmosphere.
Between the period of January 5, 2007 to May 22, 2007, Respondent did not
perform visible emission notations of the drying system baghouse stack exhaust
and the raw material storage silo, in violation of condition D.1.5 of FESOP No.
13994.
b.
Pursuant to 326
IAC 2-8-4, 326 IAC 2-8-5(a)(1) and condition D.1.9(a) of FESOP No. 13994, to
document compliance with condition D.1.5, the Permittee shall maintain records
of the visible emission notations of the drying system exhaust vent.
Between the period of January 5, 2007 to May 22, 2007, Respondent did not
record visible emission notations of the drying system, in violation of
condition D.1.9(a) of FESOP No. 13994.
c.
Pursuant to 326
IAC 2-8-4, 326 IAC 2-8-5(a)(1) and condition D.1.6 of FESOP No. 13994, the
Permittee shall record the differential pressure across the baghouse used in
conjunction with the drying system, at least once per shift when the drying
system is in operation when venting to the atmosphere.
Between the period of January 5, 2007 to May 22, 2007, Respondent did not
perform differential pressure readings across the baghouse used in conjunction
with the drying system, in violation of condition D.1.6 of FESOP No. 13994.
d.
Pursuant to 326
IAC 2-8-4, 326 IAC 2-8-5(a)(1) and condition D.1.9(b) of FESOP No. 13994, to
document compliance with condition D.1.6, the Permittee shall once per shift
record the differential pressure during normal operation when venting to the
atmosphere.
Between the period of January 5, 2007 to May 22, 2007, Respondent did not record
differential pressure readings, in violation of condition D.1.9(b) of FESOP No.
13994.
e.
Pursuant to 326
IAC 2-8-4, 326 IAC 2-8-5(a)(1) and condition D.1.7 of FESOP No. 13994, an
inspection shall be performed each calendar quarter of all bags controlling the
drying system and the storage silo operation when venting to the
atmosphere. A baghouse inspection shall
be performed within three months of redirecting vents to the atmosphere and
every three months thereafter.
Between the period of January 5, 2007 to May 22, 2007, Respondent did not
perform inspections of all bags controlling the drying system and the storage
silo operation, in violation of condition D.1.7 of FESOP No. 13994.
f.
Pursuant to 326
IAC 2-8-4, 326 IAC 2-8-5(a)(1) and condition D.1.9(c) of FESOP No. 13994, to
document compliance with condition D.1.7, the Permittee shall maintain records
of the results of the inspections required under condition D.1.7 and the dates
the vents are redirected.
Between the period of January 5, 2007 to May 22, 2007, Respondent did not
record results of the inspections of all bags controlling the drying system and
the storage silo operation, in violation of condition D.1.9(c) of FESOP No.
13994.
g.
Pursuant to 326
IAC 2-8-4, 326 IAC 2-8-5(a)(1) and condition D.2.4 of FESOP No. 13994, visible
emission notations of the north and south bulk powder silos and the mixer and
bucket elevator exhaust vents shall be performed once per shift during normal
daylight operations when the associated facilities are in operation and exhausting
to the atmosphere.
Between the period of January 5, 2007 to May 22, 2007, Respondent did not
perform visible emission notations of the north and south bulk powder silos and
the mixer and bucket elevator exhaust vents, in violation of condition D.2.4 of
FESOP No. 13994.
h.
Pursuant to 326
IAC 2-8-4, 326 IAC 2-8-5(a)(1) and condition D.2.8(a) of FESOP No. 13994, to
document compliance with condition D.2.4, the Permittee shall maintain records
of the visible emission notations of the north and south bulk powder silos and
the mixer and bucket elevator in Plants 1 and 2.
Between the period of January 5, 2007 to May 22, 2007, Respondent did not
record visible emission notations of the north and south bulk powder silos and
the mixer and bucket elevator exhaust vents, in violation of condition D.2.8(a)
of FESOP No. 13994.
i.
Pursuant to 326
IAC 2-8-4, 326 IAC 2-8-5(a)(1) and condition D.2.5 of FESOP No. 13994, the
Permittee shall record the differential pressure across the baghouse used in
conjunction with the north and south bulk powder silos and the mixer and bucket
elevator in Plants 1 and 2, at least once per shift when the process is in
operation when venting to the atmosphere.
Between the period of January 5, 2007 to May 22, 2007, Respondent did not
perform differential pressure readings across the baghouse used in conjunction
with the north and south bulk powder silos and the mixer and bucket elevator,
in violation of condition D.2.5 of FESOP No. 13994.
j.
Pursuant to 326
IAC 2-8-4, 326 IAC 2-8-5(a)(1) and condition D.2.8 (b) of FESOP No. 13994, to
document compliance with condition D.2.5, the Permittee shall once per shift
record the differential pressure during normal operation when venting to the
atmosphere.
Between the period of January 5, 2007 to May 22, 2007, Respondent did not
record differential pressure readings across the baghouse used in conjunction
with the north and south bulk powder silos and the mixer and bucket elevator,
in violation of condition D.2.8(b) of FESOP No. 13994.
k.
Pursuant to 326
IAC 2-8-4, 326 IAC 2-8-5(a)(1) and condition D.2.6 of FESOP No. 13994, an
inspection shall be performed each calendar quarter of all bags controlling the
north and south bulk powder silos and the mixer and bucket elevator in Plants 1
and 2, when venting to the atmosphere. A
baghouse inspection shall be performed within three months of redirecting vents
to the atmosphere and every three months thereafter.
Between the period of January 5, 2007 to May 22, 2007, Respondent did not
perform inspections of all bags controlling the north and south bulk powder
silos and the mixer and bucket elevator, in violation of condition D.2.6 of
FESOP No. 13994.
l.
Pursuant to 326
IAC 2-8-4, 326 IAC 2-8-5(a)(1) and condition D.2.8(c) of FESOP No. 13994, to
document compliance with condition D.2.6, the Permittee shall maintain records
of the results of the inspections required under condition D.2.6 and the dates
the vents are redirected.
Between the period of January 5, 2007 to May 22, 2007, Respondent did not
record results of inspections of all bags controlling the north and south bulk
powder silos and the mixer and bucket elevator, in violation of condition D.2.8(c)
of FESOP No. 13994.
m.
Pursuant to 326
IAC 2-8-4, 326 IAC 2-8-5(a)(1) and condition D.3.4 of FESOP No. 13994, visible
emission notations of the four (4) lime storage silos, the ford station, the
feeder, muller and briquette press, and two (2) mixers (desulf stations #1 and
#2) exhaust vents shall be performed once per shift during normal daylight
operations when the associated facilities are in operation and exhausting to
the atmosphere.
Between the period of January 5, 2007 to May 22, 2007, Respondent did not
perform visible emission notations of the four (4) lime storage silos, the ford
station, the feeder, muller and briquette press, and two (2) mixers (desulf
stations #1 and #2) exhaust vents, in violation of condition D.3.4 of FESOP No.
13994.
n.
Pursuant to 326
IAC 2-8-4, 326 IAC 2-8-5(a)(1) and condition D.3.8(a) of FESOP No. 13994, to
document compliance with condition D.3.4, the Permittee shall maintain records
of the visible emission notations of the four (4) lime storage silos, the ford
station, the feeder, muller and briquette press, and two (2) mixers (desulf
stations #1 and #2) exhaust vents.
Between the period of January 5, 2007 to May 22, 2007, Respondent did not
record visible emission notations of the four (4) lime storage silos, the ford
station, the feeder, muller and briquette press, and two (2) mixers (desulf
stations #1 and #2) exhaust vents, in violation of condition D.3.8(a) of FESOP
No. 13994.
o.
Pursuant to 326
IAC 2-8-4, 326 IAC 2-8-5(a)(1) and condition D.3.5 of FESOP No. 13994, the
Permittee shall record the differential pressure across the baghouses used in
conjunction with the four (4) lime storage silos, the ford station, the feeder,
muller and briquette press, and two (2) mixers (desulf stations #1 and #2), at
least once per shift when the processes are in operation when venting to the
atmosphere.
Between the period of January 5, 2007 to May 22, 2007, Respondent did not
perform differential pressure readings across the baghouses used in conjunction
with the four (4) lime storage silos, the ford station, the feeder, muller and
briquette press, and two (2) mixers (desulf stations #1 and #2), in violation
of condition D.3.5 of FESOP No. 13994.
p.
Pursuant to 326
IAC 2-8-4, 326 IAC 2-8-5(a)(1) and condition D.3.8 (b) of FESOP No. 13994, to
document compliance with condition D.3.5, the Permittee shall once per shift
record the differential pressure during normal operation when venting to the
atmosphere.
Between the period of January 5, 2007 to May 22, 2007, Respondent did not
record differential pressure readings across the baghouses used in conjunction
with the four (4) lime storage silos, the ford station, the feeder, muller and
briquette press, and two (2) mixers (desulf stations #1 and #2), in violation
of condition D.3.8(b) of FESOP No. 13994.
q.
Pursuant to 326
IAC 2-8-4, 326 IAC 2-8-5(a)(1) and condition D.3.6 of FESOP No. 13994, an
inspection shall be performed each calendar quarter of all bags controlling the
four (4) lime storage silos, the ford station, the feeder, muller and briquette
press, and two (2) mixers (desulf stations #1 and #2) when venting to the
atmosphere. A baghouse inspection shall
be performed within three months of redirecting vents to the atmosphere and
every three months thereafter.
Between the period of January 5, 2007 to May 22, 2007, Respondent did not
perform inspections of all bags controlling the four (4) lime storage silos,
the ford station, the feeder, muller and briquette press, and two (2) mixers
(desulf stations #1 and #2), in violation of condition D.3.6 of FESOP No.
13994.
r.
Pursuant to 326
IAC 2-8-4, 326 IAC 2-8-5(a)(1) and condition D.3.8 (c) of FESOP No. 13994, to
document compliance with condition D.3.6, the Permittee shall maintain records
of the results of the inspections required under condition D.3.6 and the dates
the cents are redirected.
Between the period of January 5, 2007 to May 22, 2007, Respondent did not
record results of inspections of all bags controlling the four (4) lime storage
silos, the ford station, the feeder, muller and briquette press, and two (2)
mixers (desulf stations #1 and #2), in violation of condition D.3.8(c) of FESOP
No. 13994.
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 Complainant
or Complainant’s delegate, and has been received by Respondent. This Agreed Order shall have no force or
effect until the Effective Date.
2.
Respondent shall
comply with 326 IAC 2-8-4 and 326 IAC 2-8-5(a)(1).
3.
Within 180 days
of the Effective Date, Respondent shall submit a summary of 90 days of visible
emissions notations and differential pressure reporting used to demonstrate
compliance with the following permit conditions of FESOP No. 13994:
D.1.5,
D.1.9(a), D.1.6, D.1.9(b), D.2.4, D.2.8(a), D.2.5, D.2.8(b), D.3.4,D.3.8(a),
D.3.5, and D.3.8(b).
The
visible emissions notation and differential pressure reporting included in this
summary should start not earlier than May 23, 2007 and not later than 30 days after
the Effective Date of this Order.
4.
Within 270 days of
the Effective Date, Respondent shall submit a summary of 2 consecutive quarters
of baghouse inspection information used to demonstrate compliance with the
following permit conditions of FESOP No. 13994:
D.1.7,
D.1.9(c), D.2.6, D.2.8(c), D.3.6, and D.3.8(c)
The
baghouse inspections should be conducted not earlier than May 23, 2007.
5.
Within 90 days
of the Effective Date, Respondent shall submit an updated Continuous Compliance
Plan that demonstrates compliance with 326 IAC 6.8-8-7.
6.
All submittals
required by this Agreed Order, unless Respondent is notified otherwise in
writing by IDEM, shall be sent to:
|
Rebecca
Hayes, Enforcement Case Manager |
|
Office
of Enforcement – Mail Code 60-02 |
|
Indiana
Department of Environmental Management |
|
|
|
|
7.
Respondent is
assessed a civil penalty of Ten Thousand Two Hundred Dollars ($10,200). Said
penalty amount shall be due and payable to the Environmental Management Special
Fund within thirty (30) days of the Effective Date. In the event that the civil penalty is not
paid within thirty (30) days of the Effective Date, 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.
8.
In the event the
terms and conditions of the following paragraphs are violated, Complainant may
assess and Respondent shall pay a stipulated penalty in the following amount:
|
Paragraph |
Violation |
Stipulated
Penalty |
|
3 |
Not submitting specified
information within 180 days of the Effective Date of this Order. |
$100 per week |
|
4 |
Not submitting specified
information within 270 days of the Effective Date of this Order. |
$100 per week |
|
5 |
Not submitting specified
information within 90 days of the Effective Date of this Order. |
$100 per week |
9.
Stipulated
penalties shall be due and payable within thirty (30) days after Respondent
receives written notice that Complainant has determined a stipulated penalty is
due. Assessment and payment of
stipulated penalties shall not preclude Complainant from seeking any additional
relief against Respondent for violation of this Agreed Order. In lieu of any of the stipulated penalties
set out above, Complainant may seek any other remedies or sanctions available
by virtue of Respondent’s violation of this Agreed Order or Indiana law,
including, but not limited to, civil penalties pursuant to IC 13-30-4.
10.
Civil and
stipulated 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:
|
Indiana
Department of Environmental Management |
|
Cashier
– Mail Code 50-10C |
|
|
|
|
11.
This Agreed Order, and compliance with its terms and conditions,
shall resolve all violations cited in the Notice of Violation issued to Respondent
listed in Findings of Fact Paragraph No. 4
12.
This Agreed
Order shall apply to and be binding upon Respondent and its successors and
assigns. Respondent’s signatories to
this Agreed Order certify that they are fully authorized to execute this Agreed
Order and legally bind the party they represent. No change in ownership, corporate, or partnership
status of Respondent shall in any way alter their status or responsibilities
under this Agreed Order.
13.
In the event
that any terms of this 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 this Agreed Order did not contain the invalid terms.
14.
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.
15.
This Agreed
Order is not and shall not be interpreted to be a permit or a modification of
an existing permit. This Agreed Order,
and IDEM’s review or approval of any submittal made by Respondent pursuant to
this Agreed Order, shall not in any way relieve Respondent of their obligation
to comply with the requirements of their applicable permit or any applicable
Federal or State law or regulation.
16.
Complainant does
not, by its approval of this Agreed Order, warrant or aver in any manner that
Respondent’s compliance with any aspect of this Agreed Order will result in
compliance with the provisions of any permit, order, or any applicable Federal
or State law or regulation.
Additionally, IDEM or anyone acting on its behalf shall not be held
liable for any costs or penalties Respondent may incur as a result of
Respondent’s efforts to comply with this Agreed Order.
17.
Nothing in this
Agreed Order shall prevent or limit IDEM’s rights to obtain penalties or
injunctive relief under any applicable Federal or State law or regulation,
except that IDEM may not, and hereby waives its right to, seek additional civil
penalties for the same violations specified in the NOV.
18.
Nothing in this
Agreed Order shall prevent IDEM or anyone acting on its behalf from
communicating with the EPA or any other agency or entity about any matters
relating to this enforcement action.
IDEM or anyone acting on its behalf shall not be held liable for any
costs or penalties Respondent may incur as a result of such communications with
the EPA or any other agency or entity.
19.
This Agreed
Order shall remain in effect until IDEM issues a Resolution of Case letter to
Respondent.
|
TECHNICAL RECOMMENDATION: |
|
RESPONDENT: |
|||||
|
Department of Environmental Management |
|
Harsco Corporation |
|||||
|
|
|
|
|||||
|
By: |
|
|
By: |
|
|||
|
|
Craig Henry |
|
Printed: |
|
|||
|
|
Chief, Air Section |
|
Title: |
|
|||
|
|
Office of Enforcement |
|
|
|
|||
|
Date: |
|
|
Date: |
|
|||
|
|
|
|
|
|
|||
|
|
|
|
|||||
|
COUNSEL FOR COMPLAINANT: |
|
COUNSEL FOR RESPONDENT: |
|||||
|
For the Department of Environmental Management |
|
|
|||||
|
|
|
|
|||||
|
By: |
|
|
By: |
|
|||
|
|
|
|
|
|
|||
|
|
Deputy Attorney General |
|
|
|
|||
|
Date: |
|
|
Date: |
|
|||
|
|
|
|
|
|
|||
|
APPROVED AND ADOPTED BY THE INDIANA DEPARTMENT OF
ENVIRONMENTAL |
|||||||
|
MANAGEMENT THIS |
|
DAY
OF |
|
, 2008. |
|||
|
|
|||||||
|
|
For the Commissioner: |
||||||
|
|
|
||||||
|
|
Signed on January 31, 2008 |
||||||
|
|
Robert B. Keene |
||||||
|
|
Assistant Commissioner |
||||||
|
|
Office of Legal Counsel and Enforcement |
||||||