STATE
OF INDIANA |
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BEFORE THE INDIANA DEPARTMENT |
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COMMISSIONER OF THE DEPARTMENT Complainant, v. SAINT GOBAIN CONTAINERS, INC.,, 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 Saint Gobain Containers, Inc. (“Respondent”), which
owns/operates the facility with Plant ID No. 75-00004, located at 524 East
Center Street in Dunkirk, Jay 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”) in conjunction with
this Proposed Agreed Order.
5.
During
an investigation conducted by a representative of IDEM, the following violations
were found:
a.
Pursuant
to condition D.0.3 of permit No. 75-29643-00004, for each furnace on and after
the first respective stack test following May 7, 2010, filterable particulate
matter (PM) emissions from the furnace shall each not exceed 1.0 pound of PM
per ton of glass produced.
b.
Pursuant
to condition E.1.2 of permit No. 75-29643-00004 and the New Source Performance
Standard (NSPS) subpart CC emission standard 40 CFR 60.293, no owner or
operator of a glass melting furnace with modified-processes subject to the
provisions of this subpart shall cause to be discharged into the atmosphere
from the affected facility PM at emission rates exceeding 0.5 g/kg (1.0 lb/ton)
of glass produced for container glass, flat glass, and pressed and blown glass
with a soda-lime recipe melting furnaces.
During the stack testing conducted on April 1, 2011, PM emissions from Furnace
No. 1 tested at 1.15 lb/ton of glass produced, in violation of permit No. 75-29643-00004
condition D.0.3 and condition E.1.2, New Source Performance Standard (NSPS)
subpart CC emission standard 40 CFR 60.293.
6.
Respondent
conducted a repeat stack test on June 3, 2011 and PM emissions from Furnace No.
1 measured at 0.66 lb/ton glass produced, which was in compliance with the
requirement described in paragraph 5 above.
7.
Reference in the above violation to the
consent decree case 2:10-cv-00121-TSZ was removed as requested by the
Respondent, since the consent decree does allow assessment of compliance with
the pound per ton emission limit by averaging stack test emission data from
multiple Furnaces subject to the same emission limit at a given facility. Based on the 4/1/2011 stack test results for
Furnace 1 and the 3/30/2011 stack test results for Furnace 2, the PM filterable
emission rate was 0.9 lb/ton, which is within the permitted limit.
8.
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 permit requirements and the requirements of the New
Source Performance Standard (NSPS) subpart CC listed in the findings above at
issue.
3.
All
submittals required by this Agreed Order, unless Respondent is notified
otherwise in writing by IDEM, shall be sent to:
Rebecca
Hayes, 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 and agrees to pay a civil penalty of Five Thousand Dollars ($5,000). Said penalty amount shall be due and payable
to the Environmental Management Special Fund within thirty (30) days of the
Effective Date; the 30th day being the “Due Date”.
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 Respondents 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 their status or responsibilities
under this Agreed Order.
7.
In
the event that the monies due to IDEM pursuant to this Agreed Order are not
paid on or before their Due Date, Respondent shall pay interest on the unpaid
balance at the rate established by IC 24-4.6-1.
The interest shall be computed as having accrued from the Due Date until
the date that Respondent pays any unpaid balance. Such interest shall be payable to the Environmental
Management Special Fund, and shall be payable to IDEM in the manner specified
in Paragraph 5, above.
8.
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.
9.
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.
10.
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 their
obligation to comply with the requirements of their applicable permit or any applicable
Federal or State law or regulation.
11.
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.
12.
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.
13.
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.
14.
This
Agreed Order shall remain in effect until IDEM issues a Resolution of Case
letter to Respondent.
TECHNICAL
RECOMMENDATION: |
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RESPONDENT: |
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Department
of Environmental Management |
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Saint
Gobain Containers, Inc. |
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By: |
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By: |
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Craig
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
of Air Quality |
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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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2012. |
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For
the Commissioner |
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Signed
on May 25, 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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