STATE
OF INDIANA |
) |
|
BEFORE THE INDIANA DEPARTMENT |
||
|
|||||
COMMISSIONER OF THE DEPARTMENT Complainant, v. SUPERIOR ALUMINUM ALLOYS, LLC, 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 Superior Aluminum Alloys, LLC (“Respondent”), which owns and operates the
facility with Plant ID No. 003-00286, located at 14214 Edgerton Road, in New
Haven, Allen County, Indiana (“Site”).
3.
IDEM
has jurisdiction over the parties and the subject matter of this action.
4.
Respondent
waives issuance of a Notice of Violation and to the settlement period of sixty
(60) days as provided for by IC 13-30-3-3.
5.
During
an investigation conducted by a representative of IDEM, the following
violations were found:
a.
Pursuant
to Part 70 Permit No. T003-23683-00286, Condition E.2 (National Emission Standards for
Hazardous Air Pollutants for Secondary Aluminum Production Requirements) issued
to Respondent on December 29, 2008, [40 CFR 63.1505], and 326 IAC 20-70,
Respondent’s Furnace #4 is limited to an emission rate of 15 ug of D/F per Mg of feed charge and 0.4 lbs of HCl per ton of feed charge.
Respondent demonstrated an emission rate of 64 ug of
D/F per Mg of feed charge and 1.5 lbs of HCl per ton
of feed charge, during a stack test conducted of Furnace #4 on May 23, 2011, in
violation of Condition E.2 of Permit, T003-23683-00286, 40 CFR 63.1505 and 326
IAC 20-70.
b.
Pursuant
to Part 70 Permit No. T003-23683-00286, Condition E.2 (National Emission Standards for
Hazardous Air Pollutants for Secondary Aluminum Production Requirements) issued
to Respondent on December 29, 2008, [40
CFR 63.1505], and 326 IAC 20-70, Respondent’s Furnace #3 is limited to an
emission rate of 15 ug of D/F per Mg of feed charge
and 0.4 lbs of HCl per ton of feed charge.
Respondent
demonstrated an emission rate of 28.4 ug of D/F per
Mg of feed charge and 1.2 lbs of HCl per ton of feed
charge during a stack test conducted of Furnace #3 on May 24, 2011, in
violation of Condition E.2 of Permit, T003-23683-00286, 40 CFR 63.1505 and 326
IAC 20-70.
7.
On
September 12 and 13, 2011 Respondent retested Furnaces #3, and #4 to
demonstrate compliance with the emission rate of 15 ug
of D/F per Mg of feed charge and 0.4 lbs of HCl per
ton of feed charge. A preliminary review
of the stack test report for the September 12 and 13, 2011 testing indicates
the Respondent has returned to compliance.
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 applicable statutes, rules, and/or permit conditions listed
above at issue.
3.
All
submittals required by this Agreed Order, unless Respondent is notified
otherwise in writing by IDEM, shall be sent to:
Patrick
Burton, 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 Twenty Eight Thousand Dollars ($28,000). 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 signatory to
this Agreed Order certifies that he or 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 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 Enforcement Referral Letter
or this Agreed Order.
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 Respondent has fulfilled Order No.
4. IDEM shall thereafter issue a
Resolution of Case letter.
TECHNICAL
RECOMMENDATION: |
|
RESPONDENT: |
|||||
Department
of Environmental Management |
|
Superior Aluminum Alloys, LLC |
|||||
|
|
|
|||||
By: |
|
|
By: |
|
|||
|
Lynne
J. Sullivan, Chief |
|
Printed: |
|
|||
|
Compliance
and Enforcement Section II |
|
Title: |
|
|||
|
Office
of Air Quality |
|
|
|
|||
Date: |
|
|
Date: |
|
|||
|
|
|
|
|
|||
|
|
|
|||||
|
|
COUNSEL
FOR RESPONDENT: |
|||||
|
|
|
|||||
|
|
|
|||||
|
|
|
By: |
|
|||
|
|
|
|
|
|||
|
|
|
|
|
|||
|
|
|
Date: |
|
|||
|
|
|
|
|
|||
APPROVED
AND ADOPTED BY THE INDIANA DEPARTMENT OF ENVIRONMENTAL |
|||||||
MANAGEMENT THIS |
|
DAY OF |
|
,
2012. |
|||
|
|||||||
|
For
the Commissioner |
||||||
|
|
||||||
|
Signed
on July 16, 2012 |
||||||
|
Keith
Baugues, Assistant Commissioner |
||||||
|
Office
of Air Quality |
||||||
|
Indiana
Department of Environmental Management |
||||||