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.

NORTHERN INDIANA PUBLIC SERVICE COMPANY,

Respondent.

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Case No. 2009-18759-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.

 

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 Northern Indiana Public Service Company (“Respondent”), which owns and operates the coal-fired electricity generating station with Plant ID No. 073-00008, located in Wheatfield, Jasper County, Indiana.

 

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”) to Respondent via Certified Mail to:

 

Ms. Eileen O’Neill Odum, President

Mr. Gary Pottorff, Registered Agent

Northern Indiana Public Service Company

Northern Indiana Public Service Company

801 East 86th Avenue

801 East 86th Avenue

Merrillville, IN  46410

Merrillville, IN  46410

 

5.            During an investigation conducted by a representative of IDEM, the following violation was found:

 

a.         Pursuant to 40 CFR 60.42Da, 326 IAC 12 and Part 70 Operation Permit No, 073-6792-00008, Condition D.3.2(a), particulate matter (PM) emissions to the atmosphere from Unit 18, a coal-fired boiler, shall be limited to 0.03 pounds per million Btu(lbs/MMBtu) of energy input.

On May 5, 2009, Respondent conducted compliance testing at Unit 18.  Results of this testing indicated PM emissions to be 0.065 lbs/MMBtu, a violation of 40 CFR 60.42Da, 326 IAC 12 and Part 70 Operation Permit No. 073-6792-00008, 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 Complainant or Complainant’s 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 40 CFR 60.42Da, 326 IAC 12 and Part 70 Operation Permit No. 073-6792-00008.

 

3.         Respondent shall conduct an inspection, maintenance and cleaning of the Unit 18 demister components three (3) times annually, with each one not occurring within sixty (60) days of the prior one.  The first of the inspection, maintenance and cleaning schedule for 2010 will have been completed by March 30, 2010, leaving two more to be completed in that year.  Three more inspections will be scheduled in each of the years 2011 and 2012.

 

4.         Respondent shall submit a report of the results of each of the inspection, maintenance and cleaning procedures within forty-five (45) days of their completion.  Included shall be the operational condition of the demisters as found during the inspection and all maintenance and cleaning activities necessary to restore the demister system to maximum operational condition.

 

5.         Respondent shall conduct particulate matter emissions compliance testing of Unit 18 by December 31st of each of the years 2010, 2011 and 2012.  Testing shall be conducted pursuant to the requirements of 326 IAC 3-6 (Source Sampling Procedures).

 

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

 

Daniel Hancock, Compliance and Enforcement Manager

Compliance and Enforcement Branch – Mail Code 61-53

Indiana Department of Environmental Management

100 North Senate Avenue

Indianapolis, IN 46204-2251

 

7.         Respondent is assessed a civil penalty of Fifteen Thousand Six Hundred and Twenty-five Dollars ($15,625.00).  Said penalty amount shall be due and payable to the Environmental Management Special Fund within forty-five (45) days of the Effective Date.  In the event that the civil penalty is not paid within forty-five (45) 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 preceding paragraphs are violated, Complainant may assess and Respondent shall pay a stipulated penalty in the following amount:

 

Paragraph

Violation

Stipulated Penalty

3

Failure to conduct an inspection, maintenance and cleaning of the Unit 18 demister components by March 30, 2010.

$500 per week

 

 

 

3

Failure to conduct an inspection, maintenance and cleaning of the Unit 18 demister components three (3) times in each of the years2010, 2011 and 2012 according to the prescribed schedule.

$500 per week

 

 

 

4

Failure to submit a report of the results of each of the inspection, maintenance and cleaning procedures required by Paragraph 3 of this Order within forty-five (45) days of completion.

$200 per week

 

 

 

5

Failure to conduct Unit 18 PM emissions testing by December 31st in each of the years 2010, 2011 and 2012

$500 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

100 North Senate Avenue

Indianapolis, IN 46204-2251

 

11.       This Agreed Order shall apply to and be binding upon Respondent and its successors and assigns. Respondent’s signatory to this Agreed Order certifies 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.

 

12.       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.

 

13.       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.

 

14.       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 the Respondent pursuant to this Agreed Order, shall not in any way relieve Respondent of their obligation to comply with the requirements of their applicable permits or any applicable Federal or State law or regulation.

 

15.       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 Respondents may incur as a result of Respondent’s efforts to comply with this Agreed Order.

 

16.       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.

 

17.       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.

 

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

 

 

TECHNICAL RECOMMENDATION:

 

RESPONDENT:

Department of Environmental Management

 

Northern Indiana Public Service Company

 

 

 

By:

 

 

By:

 

 

Roger Letterman, Chief

 

Printed:

 

 

Air Compliance and Enforcement Section 3

 

Title:

 

 

Office of Air Quality

 

 

 

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

 

, 2010.

 

 

For The Commissioner:

 

 

 

Signed on June 2, 2010

 

Signed by Keith Baugues

 

Thomas W. Easterly

 

Commissioner

 

Department of Environmental Management