|
STATE OF
INDIANA |
) |
|
BEFORE THE
INDIANA DEPARTMENT |
||
|
|
|||||
|
COMMISSIONER
OF THE DEPARTMENT Complainant, v. CARMEUSE
LIME, INC., 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 Carmeuse Lime, Inc. (“Respondent”),
which owns and operates a stationary lime manufacturing plant with Plant ID No.
089-00112, located at 1 North Carmeuse Drive in Gary, Lake 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:
|
Ywes Willems, President |
National Registered Agents, Inc. |
|
Carmeuse Lime, Inc. |
Registered Agent |
|
11 Stanwix St. – 21st Floor |
150 West Market Street Suite 800 |
|
Pittsburgh, PA 15222 |
Indianapolis, IN 46204 |
5.
The following violations were found:
(a) Pursuant to 40 CFR Part 63 Subpart AAAAA –
National Emission Standards for Hazardous Air Pollutants for Lime Manufacturing
Plants, and Part 70 Permit No. 089-33762-00112 (“Permit”), issued to Respondent
on May 19, 2014, Condition E.1.2, particulate matter (“PM”) emissions from
Rotary Kiln EU-4 shall not exceed 0.12 pounds per ton of stone feed (lb/tsf).
Based on the stack test of Rotary Kiln EU-4 conducted on June 24, 2014,
Respondent exceeded 0.12 pounds of PM per ton of stone feed, in violation of 40
CFR Part 63 Subpart AAAAA and Condition E.1.2 of the Permit.
(b) Pursuant to 40 CFR Part 63 Subpart AAAAA,
and Condition E.1.2 of the Permit, PM emissions from Rotary Kiln EU-5 shall not
exceed 0.12 pounds per ton of stone feed (lb/tsf).
Based on the stack tests of Rotary Kiln EU-5
conducted on June 25, 2014, and September 4, 2014, Respondent exceeded 0.12
pounds of PM per ton of stone feed, in violation of 40 CFR Part 63 Subpart
AAAAA and Condition E.1.2 of the Permit.
(c) Pursuant to 40 CFR Part 63 Subpart A –
General Provisions, and Condition E.1.1 of the Permit, the owner or operator
must operate and maintain any affected source, including associated air
pollution control equipment and monitoring equipment, in a manner consistent
with safety and good air pollution control practices for minimizing emissions.
Based on reports received by IDEM on
October 31, 2014, and February 2, 2015, Respondent failed to maintain the
baghouses in a manner consistent with good engineering practices for minimizing
emissions in violation of 40 CFR Part 63 Subpart A and Condition E.1.1 of the
Permit.
6.
The source retested Rotary Kiln EU-4 on
September 3, 2014, with the results indicating compliance with the PM
limit. The source retested Rotary Kiln
EU-5 on November 12, 2014, with the results indicating compliance with the PM
limit.
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 the latest version
of the Part 70 Permit issued to Respondent for Plant 089-00112 and with 40 CFR
Part 63 Subpart AAAAA.
3.
Regarding stack testing for filterable PM10,
pursuant to 326 IAC 6.8-4-1(1):
(a)
Respondent shall perform a filterable PM10 stack
test using 40 CFR 51, Appendix M, Method 201A (“Method 201A”) at least once every thirty (30) months
from the date of the most recent valid compliance demonstration. This testing is required in order to
demonstrate compliance with 326 IAC 6.8-2-22.
(b)
For any filterable PM10 stack test identified
in Order Paragraph 3(a) above, Respondent may use 40 CFR 60, Appendix A, Method
5 (“Method 5”) in lieu of Method 201A to demonstrate compliance with the 326
IAC 6.8-2-22 PM10 emission limit provided Respondent accepts that all PM
measured by Method 5 is considered to represent filterable PM10 for the purpose
of determining compliance.
4.
Regarding baghouse operation, within 90 days of
the Effective Date, Respondent shall:
(a) Evaluate the current written baghouse
operation and maintenance (“O&M”) requirements and actual practices for
Kilns EU-4 and EU-5. Findings of the
evaluation must describe and address the changes that Respondent has identified
as better assuring ongoing compliance with the applicable PM and PM10 emission
limits.
(b) Evaluate the baghouse pressure drop range
shown in permit Condition D.1.10 Monitoring for Baghouses to determine if the
range provides a reasonable assurance of compliance with the PM and PM10 limits
for each of Kilns EU-1 through EU-5, or identify what the pressure drop range
should be for each baghouse.
5.
Within 120 days of the Effective Date,
Respondent shall submit its written Operations, Maintenance, and Monitoring
(“OM&M”) Plan to IDEM Office of Air Quality for review and approval in
accordance with 40 CFR 63.7100 and submit to IDEM the findings of the baghouse
O&M evaluation and the pressure drop evaluation and supporting information
for the pressure drop range chosen for each baghouse. The OM&M Plan shall include all
operation, maintenance, and monitoring improvements identified by the baghouse
O&M evaluation and baghouse pressure drop evaluations referred to in Order
Paragraph 4.
6.
Within 120 days of the Effective Date,
Respondent shall submit its written Continuous Compliance Plan (“CCP”) to IDEM
Office of Air Quality Compliance and Enforcement Branch for review. The CCP shall be revised to include the
following in accordance with 326 IAC 6.8-8-3 and 326 IAC 6.8-8-8:
(a) For
each kiln, the operating parameters critical to continuous compliance with the
PM10 lbs/ton and lbs/hr limits of 326 IAC 6.8-2-22.
(b) For
each kiln baghouse, the equipment operating parameters critical to continuous
compliance with the applicable PM10 lbs/ton and lbs/hr limits of 326 IAC
6.8-2-22.
(c) The
specific monitoring, recording, and record keeping procedures for each of the
kilns and kiln baghouses.
(d) Any
other CCP changes Carmeuse believes are necessary to avoid future kiln PM
and/or PM10 exceedances, possibly including but not limited to increased
frequency of inspections of bags and ducts, as determined by the results of the
baghouse O&M evaluation and baghouse pressure drop evaluations.
7.
IDEM shall review the submitted OM&M Plan
and CCP and either approve each document or notify Respondent in writing
regarding any concerns it has with either or both of the documents. Following the receipt of such written
notification, IDEM and Respondent shall have the opportunity to confer
regarding IDEM's concerns with the OM&M and/or CCP. Respondent shall respond in writing to either
revise the OM&M and/or CCP as requested by the department, explain why
revising the OM&M and/or CCP as requested is unnecessary, or provide an
alternative to IDEM’s request.
Respondent’s written response to a revision request from IDEM shall be
submitted within 60 days of receipt of the request.
8.
Within 60 days of approval of both the revised
OM&M Plan and CCP, Respondent shall submit a permit modification
application to OAQ Permits Branch to incorporate the following changes:
(a) Revise Condition D.1.1(b) Lake County PM10
Emission Requirements to reflect the current Continuous Compliance Plan date.
(b) Revise
the pressure drop range in Condition D.1.10 Monitoring for Baghouses for each
of the kiln baghouses determined to need a different range.
(c) Revise Condition D.1.11 Baghouse
Inspections to require kiln baghouse inspections at the revised frequency(ies)
determined by the results of the baghouse O&M evaluation and baghouse
pressure drop evaluation.
(d) Revise Condition D.1.7 Testing
Requirements to include the PM10 testing requirements in Order Paragraph 3.
The permit
modification application shall be sent to:
IDEM Air
Permits Administration
ATTN: Incoming
Application
100 North
Senate Avenue
MC 61-53, IGCN
1003
Indianapolis,
IN 46204-2251
9.
All submittals required by this Agreed Order,
unless Respondent is notified otherwise in writing by IDEM, shall be sent to:
|
Vickie
Cordell, 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 |
10.
Respondent is assessed and agrees to pay a
civil penalty of Fifty-Three Thousand One Hundred and Twenty-Five Dollars ($53,125.00).
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”.
11.
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:
|
Violation |
Stipulated Penalty |
|
|
|
|
|
|
Paragraph 5: Failure to
timely submit revised Operations, Maintenance,
and Monitoring Plan and the findings of the baghouse operation and
maintenance evaluation and pressure drop evaluation. |
$500/week |
|
|
Paragraph 6: Failure to timely submit revised Continuous
Compliance Plan. Paragraph 7: Failure to timely submit a written response
to a requested revision to the OM&M and/or the CCP. Paragraph 8: Failure to timely submit permit
modification application. |
$250/week $250/week $250/week |
|
12.
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, except civil penalties pursuant
to IC 13-30-4. In lieu of stipulated
penalties, IDEM may elect to seek any remedies or sanctions available pursuant
to Indiana law, including, but not limited to, civil penalties pursuant to IC
13-30-4.
13.
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:
|
IDEM
Office of Legal Counsel |
|
IGCN,
Rm N1307 |
|
100
N Senate Ave |
|
Indianapolis,
IN 46204 |
14.
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.
15.
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 13, above.
16.
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.
17.
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.
18.
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.
19.
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.
20.
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.
21.
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.
22.
Following
satisfactory completion of the requirements in Order Paragraphs 4 through 8 and
10 and provided IDEM has no contemplated or pending claim for stipulated
penalties against Respondent pursuant to Order Paragraphs 11 and 12, IDEM will
issue a Resolution of Case letter to Respondent after the revisions made to
Respondent’s permit pursuant to Order Paragraph 8 are final and effective. The Resolution of Case letter shall serve as
evidence of the termination of effectiveness of this Agreed Order.
|
TECHNICAL
RECOMMENDATION: |
|
RESPONDENT: |
|||||
|
Department
of Environmental Management |
|
Carmeuse Lime, Inc. |
|||||
|
|
|
|
|||||
|
By: |
|
|
By: |
|
|||
|
|
Janusz
Johnson, Chief |
|
Printed: |
|
|||
|
|
Compliance
& Enforcement Section 1 |
|
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 |
|
,
2018. |
|||
|
|
|||||||
|
|
For
the Commissioner |
||||||
|
|
|
||||||
|
|
Signed
on May 24, 2018 |
||||||
|
|
Matthew
Stuckey, Deputy Assistant Commissioner |
||||||
|
|
Office
of Air Quality |
||||||
|
|
Indiana
Department of Environmental Management |
||||||
|
|
|
||||||