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.

ESSROC CEMENT CORPORATION – SPEED INDIANA,

Respondent.

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Case No. 2010-19328-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 Essroc Cement Corporation, which owns and operates the Portland cement manufacturing plant with Plant ID No. 019-00008, located at 301 Highway 31, in Speed, Clark 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”), dated January 14, 2011, via Certified Mail to Essroc Cement Corporation.

 

5.            Respondent owns and operates a Portland cement manufacturing plant for the manufacture of Portland cement.

 

6.            During a records review of the Third  Quarter 2009 Excess Emissions Report conducted by a representative of IDEM, the following violations were found:

 

a.            Pursuant to 326 IAC 10-1, Part 70 Operating Permit Number T019-6016-00008 issued to the Respondent on June 15, 2004, as subsequently modified (“Operating Permit Number 6016”) Permit Condition D.3.7, requires the respondent to limit NOx emissions from the long dry rotary cement kiln # 1 (EU20) to 6.0 pounds of NOx per ton of clinker produced on a thirty (30) day rolling average.

Respondent’s 3rd Quarter 2009 NOx Excess Emission Report indicates that kiln #1 (EU20) experienced 36 days (766 hours) operating above the 30-day rolling average of 6.0 pounds of NOx per ton of clinker produced.  The average emission rate was 6.3 pounds of NOx per ton of clinker produced in violation of 326 IAC 10-1, and Condition D.3.7 of Operation Permit Number T019-6016-0008.

 

7.         During a records review of the Fourth Quarter 2009 Excess Emissions Report conducted by a representative of IDEM, the following violations were found:

 

a.            Pursuant to 326 IAC 10-1, Part 70 Permit, Permit Number T019-6016-0008 issued to the Respondent on June 15, 2004, as subsequently modified (“Operating Permit Number 6016”) Permit Condition D.3.7, requires the respondent to limit NOx emissions from the long dry rotary cement kiln # 1 (EU20) to 6.0 pounds of NOx per ton of clinker produced on a thirty (30) day rolling average.

Respondent’s 4th Quarter 2009 NOx Excess Emission Report indicates that kiln #1 (EU20) experienced 32 days (741 hours) operating above the 30-day rolling average of 6.0 pounds of NOx per ton of clinker produced.  The average emission rate was 6.5 pounds of NOx per ton of clinker produced in violation of 326 IAC 10-1 and Permit Condition D.3.7 of Operation Permit Number T019-6016-00008.

 

8.            The Respondent hired a consultant to review the operation of the kiln and assist Essroc personnel evaluate and implement practices to reduce the NOx levels from the kiln.

 

9.            The kiln has achieved compliance with the 30-day rolling average NOx limit on November 6, 2009 and has remained in compliance since the 4th Quarter 2009 NOx violations were identified.

 

10.       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 10-1 and Permit Condition D.3.7 of Operation Permit Number T019-6016-00008.

 

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

 

David L. Harrison, 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

 

4.            Respondent is assessed a civil penalty of twelve thousand five hundred dollars ($12,500.00).  Said penalty amount shall be due and payable to the Environmental Management Special Fund within thirty (30) days after the Effective Date.  In the event that the civil penalty is not paid within thirty (30) days after 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 or hand-delivered 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 signatory to this Agreed Order certifies that he is she is fully authorized to execute this Agreed Order and legally bind the party he or she represents.  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 enforcement 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 resolves all violations and regulatory non-compliance arising out of the conduct, omissions, violations or facts described in the NOV and Findings of Fact Paragraph 6 and Paragraph 7 of this Agreed Order.

 

14.       This Agreed Order shall remain in effect until Respondent fulfills Order Paragraph 3 and Paragraph 5 of this Agreed Order.  IDEM will issue a Resolution of Case Letter to the Respondent thereafter.

 

 

TECHNICAL RECOMMENDATION:

 

RESPONDENT:

Department of Environmental Management

 

ESSROC Cement Corporation – Speed Facility

 

 

 

By:

 

 

By:

 

 

Craig L. Henry, Chief

 

Printed:

 

 

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

 

, 2011.

 

 

For the Commissioner

 

 

 

Signed on May 20, 2011

 

Keith Baugues,

 

Assistant Commissioner

 

Office of Air Quality

 

Indiana Department of Environmental Management