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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. Jasper
Salvage 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 Jasper Salvage Inc. (“Respondent”), which owns/operates the Jasper Salvage Inc.,
located at 610 South Clay Street, in Jasper, Dubois 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”) on August 21, 2012
to: Jasper Salvage Inc., Mr. Gerald
Hudson Jr,, President, 7720
N. 150 E. Jasper, Indiana 47546.
5.
This
source is a metals salvage company, including auto salvage.
6.
During an investigation conducted by a
representative of IDEM, the following violations were found:
a.
Pursuant to 326 IAC 20-70 and National
Emission Standard for Hazardous Air Pollutants (NESHAP) Subpart RRR for Secondary
Aluminum Production (40 CFR 63.1506 (h)), the respondent shall operate the
afterburner in accordance with the Operation Maintenance & Monitoring plan
by date of startup (August 2009).
Respondent failed to operate the afterburner in accordance with the Operation
Maintenance & Monitoring plan, due to a plan not being prepared, by date of
startup (August 2009), in violation of 326 IAC 20-70 and the NESHAP Subpart RRR
for Secondary Aluminum Production (40 CFR 63.1506 (h)).
b.
Pursuant to 326 IAC 20-70 and NESHAP Subpart
RRR for Secondary Aluminum Production (40 CFR 63.1512 (m)), the respondent
shall conduct performance evaluation of temperature monitoring device by date
of startup (August 2009).
Respondent
failed to conduct performance evaluation of temperature monitoring device by
date of startup (August 2009), in violation of 326 IAC 20-70 and of NESHAP
Subpart RRR for Secondary Aluminum Production (40 CFR 63.1512 (m)).
c.
Pursuant to 326 IAC 20-70 and NESHAP Subpart
RRR for Secondary Aluminum Production (40 CFR 63.1510(g)), the respondent shall
install, calibrate, maintain, and operate a device to continuously monitor and
record the operating temperature of the afterburner by date of startup (August
2009).
Respondent
failed to calibrate, maintain, and operate a device to continuously monitor and
record the operating temperature of the afterburner by date of startup (August
2009), in violation of 326 IAC 20-70 and of NESHAP Subpart RRR for Secondary
Aluminum Production (40 CFR 63.1510 (g)).
d.
Pursuant to 326 IAC 20-70 and NESHAP Subpart
A General Provisions (40 CFR 63.9(b)(2)) and Subpart
RRR for Secondary Aluminum Production (40 CFR 63.1515 (a)), the respondent
shall submit an initial notification by 120 days after startup date (August
2009), therefore due December 2009.
Respondent
failed to submit an initial notification by 120 days after startup date (August
2009) therefore due December 2009, in violation of 326 IAC 20-70 and the NESHAP
Subpart A General Provisions (40 CFR 63.9(b)(2)) and Subpart RRR for Secondary
Aluminum Production (40 CFR 63.1515 (a)).
e.
Pursuant to 326 IAC 20-70 and NESHAP Subpart
RRR for Secondary Aluminum Production (40 CFR 63.1510(b)), the respondent shall
prepare and implement a written Operation, Maintenance, and Monitoring
(OM&M) plan by date of startup (August 2009).
Respondent
failed to prepare and implement a written OM&M plan by date of startup
(August 2009), in violation of 326 IAC 20-70 and of NESHAP Subpart RRR for
Secondary Aluminum Production (40 CFR 63.1510 (b)).
f.
Pursuant to 326 IAC 20-70 and NESHAP Subpart
RRR for Secondary Aluminum Production (40 CFR 63.1510(b)), the respondent shall
submit a notification of compliance status by 90 days after startup (August
2009) therefore due November 2009.
Respondent
failed to submit a notification of compliance status by 90 days after startup
(August 2009) therefore due November 2009, in violation of 326 IAC 20-70 and of
NESHAP Subpart RRR for Secondary Aluminum Production (40 CFR 63.1510 (b)).
g.
Pursuant to 326 IAC 20-70 and NESHAP Subpart
RRR for Secondary Aluminum Production (40 CFR 63.1516(b)), the respondent shall
submit semiannual reports for excess emissions according to the requirements in
40 CFR 63.10(e)(3) within 60 days of the end of the 6
month period therefore due April 2010, October 2010, April 2011 and October
2011.
Respondent
failed to submit semiannual reports for excess emissions according to the
requirements in 40 CFR 63.10(e)(3) within 60 days of the end of the 6 month
period therefore due April 2010, October 2010, April 2011 and October 2011, in
violation of 326 IAC 20-70 and of NESHAP Subpart RRR for Secondary Aluminum
Production (40 CFR 63.1516 (b)).
h.
Pursuant to 326 IAC 20-70 and NESHAP Subpart
RRR for Secondary Aluminum Production (40 CFR 63.1516(a)), the respondent shall
develop a written Startup, Shutdown and Malfunction plan, and a program of
corrective action for malfunctioning process and air pollution control
equipment used to comply with the standard by date of startup (August 2009).
Respondent
failed to develop a written Startup, Shutdown and Malfunction plan, and a
program of corrective action for malfunctioning process and air pollution
control equipment used to comply with the standard by date of startup (August
2009), in violation of 326 IAC 20-70 and of NESHAP Subpart RRR for Secondary
Aluminum Production (40 CFR 63.1516 (a)).
i.
Pursuant to 326 IAC 20-70 and the following
parts of NESHAP Subpart RRR for Secondary Aluminum Production (40 CFR 63), the
respondent shall perform recordkeeping from the date of installation (August
2009).
Respondent
failed to perform required recordkeeping from August 2009 through February
2012, in violation of 326 IAC 20-70 and the following parts of NESHAP Subpart
RRR for Secondary Aluminum Production (40 CFR 63).
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Regulation |
Recordkeeping Requirement |
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63.1516(a) |
Maintaining
records of each event as required by 40 CFR 63.10(b) and record and report if
an action taken during a Startup, Shutdown or Maintenance (SSM) is not
consistent with the procedures in the SSM plan |
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63.1517(a) |
Maintaining
copies of all reports and notifications and
supporting documentation |
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63.1517(b)(2) |
Maintaining
records for afterburner: records of 15-minute average operating temperature;
records of annual inspection |
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63.1517(b)(16) |
Current copy
of all required plans with records documenting conformance with the
applicable plan, including: Startup,
Shutdown and Malfunction plan and Operation Maintenance & Monitoring plan |
7.
Respondent
stated that their sweat furnace for secondary aluminum processing was
disconnected from the fuel source and the fuel source removed in February 2012.
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.
By
the Effective Date of this Order the Respondent shall halt all secondary aluminum
processing and remove any equipment on site used for that purpose.
3.
Respondent
shall comply with the National Emission Standard for Hazardous Air Pollutants
(NESHAP) subpart RRR for Secondary Aluminum Production (40 CFR 63), prior to
resuming secondary aluminum processing and/or installing another sweat furnace
at their facility.
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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Tammy
Haug, Compliance and Enforcement Manager |
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Southwest
Regional Office |
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Indiana
Department of Environmental Management |
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P.O.
Box 128, 1120 N. Vincennes Ave. |
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Petersburg,
IN 47567-0128 |
5.
Respondent
is assessed and agrees to pay a civil penalty of Fifteen Thousand Dollars ($15,000). 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”.
6.
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 |
7.
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.
8.
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.
9.
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.
10.
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.
11.
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 any applicable Federal or State
law or regulation.
12.
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.
13.
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.
14.
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.
15.
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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Jasper Salvage 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
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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 October 30, 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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