STATE OF
INDIANA |
) |
|
BEFORE THE
INDIANA DEPARTMENT |
||
|
|||||
COMMISSIONER
OF THE DEPARTMENT Complainant, v. NEW NGC,
INC. D/B/A NATIONAL GYPSUM COMPANY, 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 New NGC, Inc. d/b/a National
Gypsum Company (“Respondent”), which owns and operates the source with Plant ID
No. 165-00081, located at 75 Ivy Lane, in Clinton, Vermillion 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”) via Certified Mail to:
Thomas
C. Nelson, President |
Corporate
Creations Network, Inc. |
New
NGC, Inc. d/b/a National |
Registered
Agent |
Gypsum
Company |
105
E Jefferson Boulevard |
2001
Rexford Road |
South
Bend, IN 46601 |
Charlotte,
NC 28211 |
|
5.
Respondent owns and operates a concrete backerboard manufacturing source.
6.
During an investigation, including an
inspection on October 9, 2014, conducted by a representative of IDEM, the
following violations were found:
a.
Pursuant to Federally Enforceable State
Operating Permit (“FESOP”) No. F165-27682-00081 (the “Permit”), Condition
B.9(a), a compliance certification report which addresses the status of the
source’s compliance with the terms and conditions contained in the permit
covering the time period from January 1 to December 31 of the previous year, shall
be submitted no later than July 1 each year.
Respondent failed to submit the 2013 calendar year annual compliance
certification no later than July 1, 2014, in violation of Permit Condition B.9(a).
b.
Pursuant to Permit Condition D.1.10(b), Respondent shall maintain records of visible
emission notations of the stack exhaust from Stack S1 through S9 once per
day. The Respondent shall include in its
daily record when a visible emission notation is not taken and the reason for
the lack of visible emission notation.
Respondent failed to maintain records of the visible emission notations of the
stack exhaust from Stack S7, S8, and S9 once per day in 2012, 2013, and 2014,
in violation of Permit Condition D.1.10(b).
c.
Pursuant to Permit Condition D.1.10(b), Respondent shall maintain records of visible
emission notations of the stack exhaust from Stack S1 through S9 once per
day. The Respondent shall include in its
daily record when a visible emission notation is not taken and the reason for
the lack of visible emission notation.
Respondent failed to maintain records of the visible emission notations of the
stack exhaust from Stack S1 through S6 once per day for multiple days in 2012,
2013, and 2014, in violation of Permit Condition D.1.10(b).
d.
Pursuant to Permit Condition D.1.10(c),
Respondent shall maintain the once per day records of the pressure drop during
normal operation across the cartridge filters and baghouse used in conjunction
with the concrete backerboard manufacturing
process. The Respondent shall include in
its daily record when the pressure drop reading is not taken and the reason for
the lack of a pressure drop reading.
Respondent failed to maintain records of pressure drop readings during normal
operation of the cartridge filters and baghouse associated with the concrete backerboard manufacturing process for multiple days in
2012, 2013, and 2014, in violation of Permit Condition D.1.10(c).
e.
Pursuant to Permit Condition D.1.8, when for
any one reading, the pressure drop across the cartridge filters or baghouse
associated with the concrete backerboard
manufacturing process is outside the normal range of 0.5 and 6.0 inches of
water or a range established during the latest stack test, the Respondent shall
take reasonable response steps.
Respondent failed to maintain records of corrective actions taken when a
pressure drop reading across the cartridge filters or baghouse associated with
the concrete backerboard manufacturing process was
observed outside the normal operating range of 0.5 and 6.0 inches of water or a
range established during the latest stack test for multiple days in 2014, in
violation of Permit Condition D.1.8.
f.
Pursuant to Permit Condition D.1.4, the VOC
emissions from the polystyrene expansion system, identified as U12, shall not
exceed 3.5% by weight per ton of polystyrene throughput, with compliance
determined at the end of each month.
Respondent failed to maintain monthly records demonstrating the VOC content of
the polystyrene beads used in the polystyrene expansion system, identified as
U12, does not allow the VOC emissions to exceed 3.5% by weight per ton of
polystyrene throughput, in violation of Permit Conditions D.1.4 and
D.1.10(a)(1).
7.
Respondent submitted the 2013 calendar year
annual compliance certification on September 19, 2014.
8.
Respondent submitted a significant permit
revision application on June 5, 2015, which corrected potential to emit of the
polystyrene expansion, aging, and drying system, identified as U12, including a
Best Available Control Technology (“BACT”) analysis, as required by 326 IAC
8-1-6.
9.
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 and permit
conditions above at issue.
3.
All submittals required by this Agreed Order,
unless Respondent is notified otherwise in writing by IDEM, shall be sent to:
Brooke A.
Myer, 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 Four Hundred Dollars ($7,400.00). 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 |
Office of
Legal Counsel |
IGCN, Rm
N1307 |
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 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 its obligation to comply with the
requirements of its 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: |
|
RESPONDENT: |
|||||
Department
of Environmental Management |
|
New NGC, Inc. d/b/a National Gypsum
Company |
|||||
|
|
|
|||||
By: |
|
|
By: |
|
|||
|
Roger
Letterman, Chief |
|
Printed: |
|
|||
|
Compliance
and Enforcement Section 3 |
|
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 |
|
,
2016. |
|||
|
|||||||
|
For
the Commissioner |
||||||
|
|
||||||
|
Signed
on November 9, 2016 |
||||||
|
Keith
Baugues, Assistant Commissioner |
||||||
|
Office
of Air Quality |
||||||
|
Indiana
Department of Environmental Management |
||||||