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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. ESSROC
CEMENT CORPORATION – LOGANSPORT FACILITY, Respondent. |
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AGREED ORDER
Complainant
and Respondent[s] 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. 017-00005, located at
3084 West County Road 225 South, in Logansport, Cass 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”) via Certified Mail
to Essroc Cement Corporation.
5.
Respondent
owns and operates a Portland cement manufacturing plant for the manufacture of
Portland cement.
6.
On
November 20, 2008, Respondent submitted a Comprehensive Performance Test Plant
(CPT) for Kiln Nos. 1 and 2 to determine compliance with the Hazardous Waste
Combustor MACT, 40 CFR 63 Subpart EEE.
7.
On
July 1, 2009, Respondent submitted a test extension request for Kiln No. 2 to
the USEPA Region 5 requesting that the test be postponed for a period of one
(1) year due to economic conditions. The
CPT was required to be implemented within a year of the compliance date of
October 14, 2008. On August 6, 2009, the
USEPA approved the test extension request requiring the Respondent to commence
the performance test no later than October 14, 2010.
8.
On
September 23, 2009, IDEM approved the Comprehensive Performance Test Plan for
Kilns No. 1 and 2.
9.
During
a Comprehensive Performance Stack Test to determine compliance with the
Hazardous Waste Combustor MACT, 40 CFR Part 63 Subpart EEE, the Respondent
conducted dioxin/furan test on Kiln No. 2 (EU413) from August 3 through 5,
2010.
Pursuant to 40 CFR Part 63, Subpart EEE 63.1204 Part 70 Permit, Permit Number
6033 issued to the Respondent on December 29, 2003, Permit Condition D.3.3,
requires the respondent to limit dioxin/furan emissions from the wet-process
rotary cement Kiln No. 2 (EU413) not to exceed 0.4 nanograms (ng) (TEQ) per dry standard cubic meter of air corrected to
seven percent oxygen provided that the average combustion gas temperatures at
the inlet to the particulate matter control device is 400 degrees Fahrenheit or
lower based on the average of the test run average temperatures.
The results of the Comprehensive Performance Stack Test showed the Respondents
No. 2 Kiln Stack (EU413) averaged 0.52 nanograms (ng)
(TEQ) per dry standard cubic meter of air corrected to seven (7) percent oxygen
at an average inlet temperature to the control device of 346 degrees
Fahrenheit, in violation of 40 CFR Part 63, Subpart EEE, Permit condition
D.3.3.
10.
On
January 5, 2011, the Respondent submitted a Comprehensive Performance Test Plan
(CPT) for the retesting of the No. 2 Kiln for dioxin/furan. The retest plan also included a 120-day test
extension request. The retest was scheduled
to be conducted during the week of May 3, 2011.
Respondent states that Kiln No 2 is not expected to become operational
until mid-year 2011 and that it is anticipated to be operated for short runs as
needed through the summer months.
11.
On
April 28, 2011, the Respondent notified IDEM that the test that was scheduled
to commence during the week of May 3, 2011, was postponed due to operational
problems with the No. 2 Kiln.
12.
Respondent
conducted a system evaluation and investigation to determine the cause of the
dioxin/furan emission limit exceedence during the August 2010 test. The investigation did not find any direct or
indirect cause of the emission limit exceedence.
13.
On
July 7 through 8, 2011, Respondent conducted the re-testing of the cement no. 2
Kiln stack for dioxins/furans. On
October 5, 2011, the Respondent submitted the stack test report for review.
The results of the stack re-test showed the Respondents No. 2 Kiln Stack
(EU413) averaged 0.0231 nanograms (ng) per dry
standard cubic meter of air corrected to seven (7) percent oxygen at an average
inlet temperature to the control device of 372 degrees Fahrenheit, in
compliance with 40 CFR Part 63, Subpart EEE, Permit condition D.3.3.
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[s]. This Agreed Order shall have no force or
effect until the Effective Date.
2.
Respondent
shall comply with 40 CFR 63, subpart EEE (40 CFR 63.1204), Permit Condition
D.3.3.
3.
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
L. Harrison, Compliance and Enforcement Manager |
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Compliance
and Enforcement Branch – Mail Code 61-53 |
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Indiana
Department of Environmental Management |
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100
North Senate Avenue |
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Indianapolis,
IN 46204-2251 |
4.
Respondent
is assessed a civil penalty of Thirteen Thousand Seven Hundred and Fifty
Dollars ($13,750.00). Said penalty
amount shall be due and payable to the Environmental Management Special 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
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 |
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[s] 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[s] 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 the Respondent.
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TECHNICAL
RECOMMENDATION: |
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RESPONDENT: |
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Department
of Environmental Management |
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ESSROC
Cement Corporation – Logansport Facility |
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By: |
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By: |
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Craig
L. Henry, Chief |
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Printed: |
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Compliance
and Enforcement Section 3 |
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Title: |
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Office
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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
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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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,
2012. |
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For
the Commissioner |
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Signed
on June 29, 2012 |
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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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