STATE
OF INDIANA |
) |
|
BEFORE THE INDIANA DEPARTMENT |
||
|
|||||
COMMISSIONER OF THE DEPARTMENT Complainant, v. EVONIK DEGUSSA CORPORATION
TIPPECANOE LABORTORIES, Respondent. |
) |
|
|||
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 Evonik Degussa Corporation Tippecanoe Laboratories, which owns and operates
the pharmaceutical manufacturing plant with Plant ID No. 157-00006, located at 1650
Lilly Road, in Lafayette, Tippecanoe 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
Evonik Degussa Corporation.
5.
Respondent
owns and operates a pharmaceutical manufacturing plant for the manufacture of pharmaceuticals.
6.
During
a records review of the First Quarter 2011 Deviation Report conducted by a
representative of IDEM, the following violations were found:
Pursuant
to 326 IAC 2-7-5(1), Part 70 Permit, Permit Number 26575 issued to the
Respondent on October 6, 2009, Permit Condition E.1, requires the respondent to
test processing tanks using the Alternate Test Method meeting 40 CFR 63,
Subpart GGG (Pharmaceutical MACT) during the 2010 calendar year.
Respondent’s First Quarter 2011 Deviation Report indicates that Two (2)
processing tanks in building T29 were not tested using the Alternate Method meeting
40 CFR 63, Subpart GGG (Pharmaceutical MACT) during the 2010 calendar year in
violation of 326 IAC 2-7-5(1) and Permit Condition E.1 of Operating Permit
Number 26575.
7.
During
a records review of the First Quarter 2011 Deviation Report conducted by a
representative of IDEM, the following violations were found:
Pursuant
to 326 IAC 2-2.4-7(1), Part 70 Permit, Permit Number 26575 issued to the
Respondent on October 6, 2009, Permit Condition G.1, requires the Respondent to
limit Plantwide Applicability Limitation (PAL) for
Sulfur Dioxide (SO2) emissions from the entire source not to exceed 2059 tons
per 12-month consecutive month, with compliance determined at the end of each
month.
Respondent’s
First Quarter 2011 Deviation Report indicates that the Sulfur Dioxide emissions
from the entire source was 2101 tons for the month of January 2011 in violation
of 326 IAC 2-2.4-7(1) and Permit Condition G.1 of Operating Permit Number
26575.
8.
Respondent
has implemented an action plan for testing the portable processing tanks using
the Alternate Method prior to use and an action plan to reduce sulfur content
in coal consisting of:
a.
Switching
to lower sulfur content coal;
b.
Reviewing
of coal certificate of analysis of coal upon delivery to ensure that sulfur
content remains below specification;
c.
Establishing
contract language to prevent delivery of coal with high sulfur content;
d.
Establishing
an alert limit that triggers action to manage emissions via predictive modeling;
and
e.
Evaluating
a switch to the coal supplier’s laboratory vendor to reduce sources of coal variability.
9.
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 2-7-5(1), Permit Conditions E.1 and 326 IAC
2-2.4-7(1) of Permit Condition G.1.
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 Ten Thousand Two Hundred Dollars ($10,200.00.) 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 the Respondent.
TECHNICAL
RECOMMENDATION: |
|
RESPONDENT: |
|||||
Department
of Environmental Management |
|
Evonik
Degussa Corporation Tippecanoe Laboratories |
|||||
|
|
|
|||||
By: |
|
|
By: |
|
|||
|
Craig
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 October 19, 2011 |
||||||
|
Keith
Baugues, Assistant Commissioner |
||||||
|
Office
of Air Quality |
||||||
|
Indiana
Department of Environmental Management |
||||||