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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. Harrison Steel Castings Company, 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 Harrison
Steel Castings Company (“Respondent”),
which owns and operates the steel and ductile iron castings plant with Plant
I.D. No. 045-00002, located at 900 North Mound Street in Attica, Fountain
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 Agreed Order.
5.
Respondent reported operation of electric arc furnace EAF3
without the use of baghouse DC5 from approximately noon on Tuesday, September
6, 2011, through approximately 6:00 p.m. on Wednesday, September 7, 2011
("Reported Period").
6.
The
following violations were found:
a. Pursuant
to 40 CFR 63.7690(a)(1) (National Emission Standards
for Hazardous Air Pollutants (NESHAP) for Iron and Steel Foundries - Emissions
Limitations), included in Condition E.1.2 and Attachment A of Part 70 Operating
Permit 045-27817-00002, EAF3 shall comply with either the 0.005 grains of PM
per dry standard cubic foot (gr/dscf) limit or the 0.0004 gr/dscf of total
metal HAP limit.
Respondent has demonstrated compliance with the PM limit for
EAF3 only with the use of baghouse DC5. Operation
of EAF3 without baghouse DC5 for the Reported Period was in violation of 40 CFR
63.7690(a)(1) and Condition E.1.2 and Attachment A of
Operating Permit 045-27817-00002.
b. Pursuant
to 40 CFR 63.7710(a) (NESHAP for Iron and Steel Foundries - Operation and
Maintenance Requirements), included in Condition E.1.2 and Attachment A of Part
70 Operating Permit Number 045-27817-00002, Respondent must always operate and
maintain the iron and steel foundry, including air pollution control and
monitoring equipment, in a manner consistent with good air pollution control
practices for minimizing emissions.
Particulate matter and total metal HAP emissions from EAF3 are minimized by the
use of baghouse DC5. Operation of EAF3 without baghouse DC5 for the
Reported Period was in violation of 40 CFR 63.7710(a) and Condition
E.1.2 and Attachment A of Operating Permit
045-27817-00002.
c. Pursuant
to 40 CFR 63.7710(b) (NESHAP for Iron and Steel Foundries - Operation and
Maintenance Requirements), included in Condition E.1.2 and Attachment A of Part
70 Operating Permit Number 045-27817-00002, Respondent must prepare and operate
at all times according to a written operation and maintenance plan for each
capture and collection system and control device for an emissions source
subject to a PM, metal HAP emissions limit in §63.7690(a).
Respondent's
Comprehensive Operation & Maintenance Plan (O & M Plan) states "The
operations subject to the O&M Plan requirements are the three melt furnaces
identified as EAF2, EAF3, and EAF4, controlled by Dust Collectors DC4, DC5, and
DC40." Operation of EAF3 without baghouse DC5 for the Reported Period was
in violation of 40 CFR 63.7710(b) and Condition E.1.2 and Attachment A of Operating Permit 045-27817-00002.
7.
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 permit condition E.1.2 and Attachment A
of Part 70 Operating Permit 045-27817-00002.
3.
Within
45 days of the Effective Date, Respondent shall revise the Operation and
Maintenance Plan to specify that, except for emergency situations as provided
for in permit condition B.11, electric arc furnace EAF3 shall not be operated
without the use of the corresponding capture and collection system and baghouse
DC5. Within sixty (60) days of the
Effective Date, Respondent shall submit documentation of completion of the
revision.
4.
All
submittals required by this Agreed Order, unless Respondent is notified
otherwise in writing by IDEM, shall be sent to:
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Vickie
Cordell, 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 |
5.
Respondent
is assessed and agrees to pay a civil penalty of Ten Thousand Nine Hundred Thirty
Seven Dollars and Fifty Cents ($10,937.50). 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”.
6.
In
the event the terms and conditions of the following paragraphs are violated,
Complainant may assess and Respondent shall pay a stipulated penalty in the
following amount:
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Paragraph |
Violation |
Stipulated
Penalty |
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3 |
Failure to
submit documentation in the time
frame required |
$500 per week or part
thereof |
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7.
Stipulated
penalties shall be due and payable no later than the 30th day after
Respondent receives written notice that Complainant has determined a stipulated
penalty is due; the 30th day being the “Due Date”. Complainant may notify Respondent at any time
that a stipulated penalty is due.
Failure to notify Respondent in writing in a timely manner of a stipulated
penalty assessment shall not waive Complainant’s right to collect such stipulated
penalty or preclude Complainant from seeking additional relief against
Respondent for violation of this Agreed Order.
Neither assessment nor payment of stipulated penalties shall preclude
Complainant from seeking additional relief against Respondent for a violation
of this Agreed Order; such additional relief includes any remedies or sanctions
available pursuant to Indiana law, including, but not limited to, civil
penalties pursuant to IC 13-30-4.
8.
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 |
9.
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.
10.
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 6, above.
11.
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.
12.
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.
13.
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 permits or any
applicable Federal or State law or regulation.
14.
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.
15.
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.
16.
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.
17.
This
Agreed Order shall remain in effect until IDEM issues a Resolution of Case
letter to Respondent.
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TECHNICAL
RECOMMENDATION: |
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RESPONDENT: |
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Department
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Harrison
Steel Castings Company |
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Janusz Johnson, Chief |
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Printed: |
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Compliance
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Office
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COUNSEL
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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 27, 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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