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STATE OF
INDIANA |
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BEFORE THE INDIANA DEPARTMENT |
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COMMISSIONER OF THE DEPARTMENT Complainant, v. DARAMIC, LLC, Respondent. |
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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/operates the battery separator manufacturing
facility with Plant I.D. No. 061-00012, located at 3430 Cline Rd., in Corydon,
Harrison County, Indiana (“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”) via Certified Mail to:
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Larry Spickard, Vice President EHS |
Pierre Hauswald, General Manager |
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Polypore
International, Inc. |
Daramic, LLC |
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11430
North Community House Road |
11430 N.
Community House Road |
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Suite 350 |
Suite 350 |
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Charlotte,
NC 28277 |
Charlotte,
NC 28277 |
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Corporation
Service Company |
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251 E.
Ohio Ste., Suite 500 |
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Indianapolis,
IN 46204 |
5.
During an investigation conducted by
representatives of IDEM, including compliance testing performed at the site on
November 14-15, 2007, and July 16, 2009 the following violations were found:
a. Pursuant
to 326 IAC 8-1-6 (BACT) and Significant Permit Modification 061-23800-00012
condition D.1.1(c)(1), the VOC emissions at die exits
of extruders serving SM Line 4 and SM Line 6 (Unit ID #8.2 and Unit ID #8.3,
respectively) shall be controlled by a precipitating coalescing filter (smog
hog demister) with a minimum overall control efficiency of 76%, by attaining
80% capture efficiency and 95% control efficiency. The VOC emissions from the smog hog demister
for the extruders serving SM Line 4 and SM Line 6 shall not exceed 2.38 pounds
per hour.
Respondent conducted compliance testing on November 14-15, 2007 which
demonstrated that the overall control efficiency of VOC emissions was 1.6% from
SM line 6 and was 7.36% from SM line 4, in violation of 326 IAC 8-6-1 and
Permit No.T061-23800-00012, Condition D.1.1(c).
b. Pursuant
to 326 IAC 8-1-6 (BACT) and Significant Permit Modification 061-28014-00012
condition D.1.1(c), the overall control efficiency for the control technology
series consisting of a precipitative coalescing
filter (Smog Hog) routed to an electronic air cleaner with an activated carbon
module shall be at least 76% maintained by attaining 80% capture and 95%
control efficiencies; or the outlet concentration of VOC shall not exceed ten
(10) parts per million (ppm).
Respondent conducted compliance testing on July 16, 2009, which demonstrated
that the overall control efficiency of VOC emissions was 50% from SM line 6 and
was 47% from SM line 4, in violation of 326 IAC 8-6-1 and Permit No.T061-28014-00012,
Condition D.1.1(c).
6.
Respondent conducted compliance testing on December
22, 2009 which demonstrated the outlet concentration of VOC from the emission
control equipment serving the SM4 and SM6 extruders did not exceed ten (10)
ppm, in compliance with 326 IAC 8-1-6 and condition D.1.1(c)(3) of permit
061-28014-00012.
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 Title 5 Permit No.
T061-18304-00012 and subsequent modifications
3.
Respondent shall perform a daily reading of the
outlet VOC concentration from the control technology series for the SM4 and SM6
extruders using a compliance monitoring device which is calibrated to provide
accurate readings.
4.
Respondent shall initiate corrective actions such
as inspecting and preparting to change the carbon if
the VOC concentration at the SM4 and SM6 extruders’ control technology series
outlet reaches 8 ppm. Respondent shall
notify IDEM within fifteen (15) days if any VOC concentration reading exceeds
10 ppm and include a summary of any corrective action Respondent took to reduce
VOC emissions.
5.
Respondent shall perform VOC testing of the outlet
of the control technology series serving SM4 and SM6 near the end of the
expected carbon effectiveness, but not later than ninety (90) days after the Effective
Date of this Order. The test shall be
performed according to the provisions of 326 IAC 3-6 using methods as approved
by the Commissioner to determine the overall control efficiency of the control
technology series consisting of a coalescing filter, electrostatic
precipitator, and carbon module.
6.
Respondent shall submit a permit modification
application within sixty (60) days of the Effective Date of this Order, to
include the changes to the control technology series for SM4 and SM6 and any
necessary compliance monitoring.
7.
All submittals required by this Agreed Order,
unless Respondent is notified otherwise in writing by IDEM, shall be sent to:
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David E.
Zendell, Compliance and Enforcement Manager |
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Southwest
Regional Office |
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Indiana
Department of Environmental Management |
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P.O. box
128, 1120 N. Vincennes Ave. |
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Petersburg,
IN 47567-0128 |
8.
Respondent is assessed a civil penalty of Twenty
Thousand Dollars ($20,000.00). Said
penalty amount shall be due and payable to the Environmental Management Special
Fund within thirty (45) days of the Effective Date. In the event that the civil penalty is not
paid within thirty (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.
9.
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:
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Paragraph |
Violation |
Stipulated
Penalty |
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3 |
Failure to conduct daily VOC testing at Extruders’ SM4
and SM6 outlet |
$100.00 per day |
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4 |
Failure to initiate corrective action within twenty
four (24) hours of detecting a VOC concentration reaching 8 ppm at the
control technology series outlet for SM4 and SM6 extruders. |
$100.00 per day |
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4 |
Failure to Notify IDEM within 15 days of a VOC reading
exceeding 10ppm at the outlet of the control technology series for extruders’
SM4 and SM6. |
$500.00 per week |
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5 |
Failure to Perform VOC testing toward end of Carbon
Cycle not to exceed 6 months |
$500.00 per week |
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6 |
Failure to Submit permit modification application
within 60 days |
$500.00 per week |
10.
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.
11.
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:
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Indiana
Department of Environmental Management |
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Cashier –
Mail Code 50-10C |
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100 North
Senate Avenue |
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Indianapolis,
IN 46204-2251 |
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 its
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 its obligation to comply with the
requirements of its 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 the permit modification required by Order No. 6 and a Resolution of Case
letter is issued to Respondent.
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TECHNICAL
RECOMMENDATION: |
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RESPONDENT: |
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Department
of Environmental Management |
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Daramic, LLC |
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By: |
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By: |
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Dave
Holder, Deputy Director |
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Printed: |
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Southwest
Regional Office |
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Title: |
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Date: |
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COUNSEL
FOR COMPLAINANT: |
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COUNSEL
FOR RESPONDENT: |
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For the
Department of Environmental Management |
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By: |
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By: |
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Deputy
Attorney General |
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Date: |
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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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, 2010. |
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For the
Commissioner: |
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Signed on
September 30, 2010 |
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Keith
Baugues, Assistant Commissioner |
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Office of
Air Quality |
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Indiana
Department of Environmental Management |
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