STATE OF
INDIANA |
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BEFORE THE
INDIANA DEPARTMENT |
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COMMISSIONER
OF THE DEPARTMENT Complainant, v. THYSSENKRUPP
CRANKSHAFT COMPANY LLC, 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 ThyssenKrupp Crankshaft Company LLC (“Respondent”), which owns/operates the
facility with Plant ID No. 045-00013, located at 1291 East 8th
Street in Veedersburg, 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”) to the following.
Dave
Walter, Corporate EHS Manager |
Corporation Service Company |
ThyssenKrupp
Crankshaft Company LLC |
Registered Agent |
100
Lynch Spur Road |
251 E. Ohio Street Suite 500 |
Danville,
IL 61834 |
Indianapolis, IN 46204 |
5.
During
an investigation conducted by a representative of IDEM, the following violations
were found:
a)
Pursuant
to permit no. F045-27768-00013 (“Permit”) Condition D.1.3 and
D.1.5(c), the wet scrubber for particulate control shall be in operation and
control emission from the forging press (FP1) at all times the forging press is
in operation in order to comply with Permit Condition D.1.1.
On
July 29, 2013 the wet scrubber used to control particulate from the forging press
(FP1) was not operating for 16 hours while the forging press was operating, in
violation of Permit Conditions D.1.3 and D.1.5(c).
b)
Pursuant
to Permit Conditions
D.1.4 and D.1.6, visible emissions notations of the forging press stack (S11)
exhaust shall be performed once per day during normal daylight operations and Respondent
shall maintain daily records as required.
Respondent
failed to monitor and record visible emissions from the wet scrubber stack for
the forging press on numerous days over the time period since the last
inspection on 11/19/2009, in violation of Permit Conditions D.1.4 and D.1.6.
c)
Pursuant
to Permit Conditions
D.1.5 and D.1.6, flow rate of the wet scrubber shall be monitored at least once
per day when the forging press is in operation and Respondent shall maintain daily records as required. Respondent shall take reasonable response
steps when any one reading is below the established minimum flow rate.
Respondent
failed to have records of monitoring and recording water flow rate through the
wet scrubber used to control particulate from the forging press (FP1) since the
last inspection on 11/19/2009, in violation of Permit conditions D.1.5 and
D.1.6.
d)
Pursuant
to Permit Conditions
D.1.5 and D.1.6, pressure drop of the wet scrubber shall be monitored at least
once per day when the forging press is in operation and Respondent shall maintain daily
records as required.
Respondent
failed to monitor and record pressure drop across the wet scrubber used to
control particulate from the forging press (FP1) on numerous days over the time
period since the last inspection on 11/19/2009, in violation of Permit
Conditions D.1.5 and D.1.6.
e)
Pursuant
to Permit Conditions
D.1.5 and D.1.6, Respondent shall take reasonable response steps when any one pressure
drop reading across the wet scrubber is outside the established normal range.
Respondent
failed to document any corrective actions taken when the pressure drop from the
wet scrubber used to control particulate from the forging press (FP1) was reported
outside of the established normal range on numerous days over the time period
since the last inspection on 11/19/2009, in violation of Permit Conditions
D.1.5 and D.1.6.
f)
Pursuant
to Permit Conditions
D.2.5 and D.2.7, pressure drop of the baghouse used in conjunction with the shot
blast (SC1) shall be monitored at least once per day when the final product shot blast machine (SC1)
is in operation
and Respondent shall maintain daily records as required.
Respondent
failed to monitor and record pressure drop across the baghouse
used to control particulate from the final product shot blast machine (SC1) on
numerous days over the time period since the last inspection on 11/19/2009, in
violation of Permit Conditions D.2.5 and D.2.7.
g)
Pursuant
to Permit Conditions
D.2.5 and D.2.7, Respondent shall take reasonable response steps when any one
pressure drop reading across the baghouse used to
control particulate from the final product shot blast (SC1) is outside the
established normal range.
Respondent
failed to document any corrective actions taken when the pressure drop across
the baghouse used to control particulate from the
final product shot blast machine (SC1) was reported outside of the established
normal range on numerous days over the time period since the last inspection on
11/19/2009, in violation of Permit Conditions D.2.5 and D.2.7.
h)
Pursuant
to Permit Conditions
D.3.5 and D.3.7, pressure drop of the baghouse used in conjunction with the shot
blast (SC2) shall be monitored at least once per day when the die shop shot blast machine (SC2) is
in operation and Respondent
shall maintain daily records as required.
Respondent
failed to monitor and record pressure drop across the baghouse
used to control particulate from the die shop shot blast machine (SC2) on
numerous days over the time period since the last inspection on 11/19/2009, in
violation of Permit Conditions D.3.5 and D.3.7.
i)
Pursuant
to Permit Conditions D.3.5
and D.3.7, Respondent shall take reasonable response steps when any one
pressure drop reading across the baghouse used to
control particulate from the die shop shot blast (SC2) is outside the
established normal range.
Respondent
failed to document any corrective actions taken when the pressure drop across
the baghouse used to control particulate from the die
shop shot blast machine (SC2) was reported outside of the established normal
range on numerous days over the time period since the last inspection on
11/19/2009, in violation of Permit Conditions D.3.5 and D.3.7.
j)
Pursuant
to 326 IAC 2-8-11.1, any person proposing to add emission units, modify
existing emission units, or otherwise modify a FESOP source as described in
this section shall submit a permit revision request in accordance with this
section.
Beginning
in 2009, Respondent made changes in operation, which resulted in an increase in
the potential amount of lubricant that could be used in the forging press. This throughput change resulted in an
increase in the potential emissions of PM and PM10 without the appropriate
permit modification, in violation of 326 IAC 2-8-11.1.
6.
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 rules listed in the findings here and/or 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 Seven Thousand Two Hundred and
Fifty Dollars ($7,250). 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 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 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 6, 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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ThyssenKrupp
Crankshaft Company LLC |
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Janusz Johnson, Chief |
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Compliance
and Enforcement Section 1 |
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Office
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COUNSEL
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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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2015. |
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For
the Commissioner |
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Signed
on March 2, 2015 |
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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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