STATE OF INDIANA

COUNTY OF MARION

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BEFORE THE INDIANA DEPARTMENT
OF ENVIRONMENTAL MANAGEMENT

 

COMMISSIONER OF THE DEPARTMENT
OF ENVIRONMENTAL MANAGEMENT,

Complainant,

v.

DARAMIC, LLC,

Respondent.

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Case No. 2007-17262-A

 

 

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 Indiana created by Indiana Code (“IC”) 13-13-1-1.

 

2.                  Respondent is Daramic, LLC (“Respondent”), which owns and operates a stationary battery separator manufacturing facility with Plant I.D. No. 061-00012 located at 3430 Cline Road in Corydon, Harrison County, Indiana (the “Site”).

 

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 (“NOV”) on October 31, 2007 via Certified Mail to:

 

Frank Nasisi, President

Corporation Service Company

Daramic, LLC

Registered Agent for Daramic, LLC

11430 North Community House Road

251 East Ohio Street

Suite 350

Suite 500

Charlotte, NC 28277

Indianapolis, IN 46204

 

5.                  Based on a Deviation Occurrence Report submitted on October 19, 2006, the following violations were found:

 

a.         Pursuant to Part 70 Permit No. 061-5983-00012, condition D.2.5, daily visible emission notations of the five (5) silos, four (4) day bins, and two (2) transporters stack exhausts shall be performed once per day during normal daylight operations when exhausting to the atmosphere. A trained employee shall record whether emissions are normal or abnormal.

Source failed to perform and record daily visible emissions for the silica transporter identified as unit 3.1, since September 7, 1999, in violation of Part 70 Permit No. 061-5983-00012, condition D.2.5.

 

b.         Pursuant to Part 70 Permit No. 061-5983-00012, condition D.2.6, the Permittee shall record the total static pressure drops across the bin filters used in conjunction with the five (5) silos, four (4) day bins, and two (2) transporters, at least once weekly when the five (5) silos, four (4) day bins, and two (2) transporters are in operation when venting to the atmosphere.


Source failed to perform weekly parametric monitoring on the bin filters from silos transporters or day bins identified units 4.1, 4.2, 4.3, 4.4, 4.5, 3.1, 7.1, 7.2, 5.1, 6.1, and 6.2, since September 7, 1999, in violation of Part 70 Permit No. 061-5983-00012, condition D.2.6.

 

Source installed an automatic pressure monitoring system to track pressure drop on equipment.

 

c.         Pursuant to Part 70 Permit No. 061-5983-00012, condition D.2.8, to document compliance with condition D.2.5 and D.2.6, the Permittee shall maintain records in accordance with Section C - General Record Keeping Requirements, of the permit.


Source failed to maintain records for the visual and parametric requirements since September 7, 1999, in violation of Part 70 Permit No. 061-5983-00012, condition D.2.8.

 

d.         Pursuant to Part 70 Permit No. 061-12134-00012, condition D.6.2 and condition B.12(a)(2), a Preventive Maintenance Plan, in accordance with Section B - Preventive Maintenance Plan, of this permit, is required for this facility and its control device.


Source failed to include required quarterly checks in the Preventative Maintenance Plan for the control device, for the Dilute Phase Transporter identified as unit 13 since May 1, 2000, in violation of Part 70 Permit No. 061-12134-00012, condition D.6.2.

 

            Source submitted a Preventative Maintenance Plan on February 22, 2008.

 

e.         Pursuant to Part 70 Permit No. 061-12134-00012, condition D.6.5, an inspection shall be performed of the control devices at least once each calendar quarter.


Source failed to perform quarterly checks on the control device, for the Dilute Phase Transporter identified as unit 13 since May 1, 2000, in violation of Part 70 Permit No. 061-12134-00012, condition D.6.5.

 

f.          Pursuant to Part 70 Permit No. 061-12134-00012, condition D.6.6, to document compliance, the Permittee shall maintain a log of operation and preventive maintenance logs (including work purchases orders), and those additional inspections prescribed by the Preventative Maintenance Plan.


Source failed to maintain records of quarterly inspections for the Dilute Phase Transporter identified as unit 13 since May 1, 2000, in violation of Part 70 Permit No. 061-12134-00012, condition D.6.6.

 

g.         Pursuant to Part 70 Permit No. 061-18443-00012, condition D.7.2 and condition B.12(a)(2), a Preventive Maintenance Plan, in accordance with Section B - Preventive Maintenance Plan, of this permit, is required for these facilities and its control devices.


Source failed to include required quarterly checks in the Preventative Maintenance Plan for the control device, for the day bins identified as units F01.1, F01.2, F05.1, and F05.2, since February 20, 2004, in violation of Part 70 Permit No. 061-12134-00012, condition D.7.2.

Source submitted a Preventative Maintenance Plan on February 22, 2008.

 

h.         Pursuant to Part 70 Permit No. 061-18443-00012, condition D.7.4, visible emission notations of the F01.1, F01.2, F05.1 and F05.2 baghouse stack exhausts shall be performed once per shift during normal daylight operations when exhausting to the atmosphere.

Source failed to perform daily visible emission notations for the units identified as F05.1 and F05.2 since February 20, 2004, in violation of Part 70 Permit No. 061-18443-00012, condition D.7.4.

 

i.          Pursuant to Part 70 Permit No. 061-18443-00012, condition D.7.5, the Permittee shall record the total static pressure drop across each of the baghouses identified as, F01.1, F01.2, F05.1, and F05.2 at least once per shift when the systems are in operation.

Source failed to perform daily parametric monitoring on the baghouses identified as F01.1, F01.2, F05.1, and F05.2 since February 20, 2004, in violation of Part 70 Permit No. 061-18443-00012.

 

Source installed an automatic pressure monitoring system to track pressure drop on equipment.

 

j.          Pursuant to Part 70 Permit No. 061-18443-00012, condition D.7.6, an inspection shall be performed each calendar quarter of all bags controlling weigh bin lines 3 and 4.

Source failed to perform quarterly checks on the control device, for the baghouses  identified as units F01.1, F01.2, F05.1, and F05.2 since February 20, 2004, in violation of Part 70 Permit No. 061-18443-00012, condition D.7.6.

 

k.         Pursuant to Part 70 Permit No. 061-18443-00012, condition D.7.8, to document compliance with Condition D.7.4, the Permittee shall maintain records of daily visible emission notations, daily total static pressure drop during normal operation, and the quarterly inspections of the bags for the baghouses identified as F05.1, F01.1, F05.2, and F01.2.

Source failed to maintain records of daily visible emission notations, daily total static pressure drop or quarterly inspections of the bags for the baghouses identified as F05.1, F01.1, F05.2, and F01.2 since February 20, 2004, in violation of Part 70 Permit No. 061-18443-00012, condition D.7.8.

 

Source installed an automatic pressure monitoring system to track pressure drop on equipment.

 

l.          Pursuant to Part 70 Permit No. 061-5983-00012, condition B.11, the Permittee shall annually submit a compliance certification report which addresses the status of the source’s compliance with the terms and conditions contained in this permit, including emission limitations, standards, or work practices. The certification shall cover the time period from January 1 to December 31 of the previous year, and shall be submitted in letter form no later than July 1 of each year.

Source failed to submit accurate Annual Compliance Certifications for each year since July 1, 2000, in violation of Part 70 Permit No. 061-5983-00012, condition B.11.

 

Source submitted revised Annual Compliance Certifications.

 

m.        Pursuant to Part 70 Permit No. 061-5983-00012, condition C.11, the Permittee shall be responsible for installing any necessary equipment and initiating any required monitoring related to that equipment, no more than ninety (90) days after receipt of this permit.

Source failed to install necessary equipment or initiate required monitoring within ninety (90) days after issuance of applicable permit, in violation of Part 70 Permit No. 061-5983-00012, condition C.11.

 

n.         Pursuant to Part 70 Permit No. 061-5983-00012, condition C.17(a), the Permittee is required to implement a compliance monitoring plan to ensure that reasonable information is available to evaluate its continuous compliance with applicable requirements.

Source failed to implement a compliance monitoring plan to ensure continuous compliance with applicable requirements, in violation of Part 70 Permit No. 061-5983-00012, condition C.17.

 

o.         Pursuant to Part 70 Permit No. 061-5983-00012, condition C.17(a), a Compliance Response Plan (CRP) for each compliance monitoring condition of this permit. CRP’s shall be submitted to IDEM, OAM (now OAQ) upon request and shall be subject to review and approval by IDEM, OAM. The CRP shall be prepared within ninety (90) days after issuance of this permit by the Permittee and maintained on site.

Respondent did not have a CRP for each compliance monitoring condition of Part 70 permit No. 061-5983-00012, in violation of Part 70 Permit No. 061-5983-00012, condition C.17(a).

 

p.         Pursuant to Part 70 Permit No. 061-5983-00012, condition C.22, to affirm that the source has met all the compliance monitoring requirements stated in this permit the source shall submit a Semi-Annual Compliance Monitoring Report. Any deviation from the requirements and the date(s) of each deviation must be reported.

Respondent failed to submit accurate Semi-Annual Compliance Monitoring Reports since 1999, in violation of Part 70 Permit No. 061-5983-00012, condition C.22.

 

Source submitted revised Semi-Annual Compliance monitoring reports.

 

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 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 the Part 70 Permit Renewal No. 061-18304-00012, unless superseded by subsequent modifications or approvals.

 

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

 

Matthew Chaifetz, Enforcement Case Manager

Office of Enforcement – Mail Code 60-02

Indiana Department of Environmental Management

100 North Senate Avenue

Indianapolis, IN 46204-2251

 

4.                  Respondent is assessed a civil penalty of One Hundred Twenty-Five Thousand Dollars ($125,000).  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.

 

5.                  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:

 

Indiana Department of Environmental Management

Cashier – Mail Code 50-10C

100 North Senate Avenue

Indianapolis, IN 46204-2251

 

6.                  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 its status or responsibilities under this Agreed Order.

 

7.                  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.

 

8.                  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 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 its obligation to comply with the requirements of its applicable permit or any applicable Federal or State law or regulation.

 

10.             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.

 

11.             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.

 

12.             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.

 

13.             This Agreed Order shall remain in effect until IDEM issues a Resolution of Case letter to Respondent.

 

 

TECHNICAL RECOMMENDATION:

 

RESPONDENT:

Department of Environmental Management

 

Daramic, LLC

 

 

 

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 April 23, 2008

 

Robert B. Keene

 

Assistant Commissioner

 

Office of Legal Counsel and Enforcement