STATE OF INDIANA

COUNTY OF MARION

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BEFORE THE INDIANA DEPARTMENT
OF ENVIRONMENTAL MANAGEMENT

 

COMMISSIONER OF THE DEPARTMENT
OF ENVIRONMENTAL MANAGEMENT,

Complainant,

v.

VECTREN CORPORATION,

Respondent.

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Case No. 2015-22921-A

 

 

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 Vectren Corporation (“Respondent”), which owns/operates the SIGECO A.B. Brown Generating Station with Plant ID No. 129-00010, located at 8511 Welborn Road, in Mount Vernon, Posey County, Indiana (“A.B. Brown Generating Station”).

 

3.             IDEM has jurisdiction over the parties and the subject matter of this action.

 

4.             Respondent operates a coal-fired stationary electric generating station.

 

5.             During an investigation including an inspection on February 26, 2015 conducted by a representative of IDEM, the following violations were found:

 

a.       Pursuant to Part 70 Permit Nos. 129-26415-00010 and 129-33047-00010 (“permits”), issued to Respondent on January 26, 2009 and November 7, 2014, respectively, condition D.2.2(a) requires that sulfur dioxide emissions from Boiler Unit No. 2 be controlled by a scrubber having a minimum control efficiency of 90.0% based on a thirty-day rolling average.


Respondent failed to operate the Boiler Unit No. 2 scrubber in order to control sulfur dioxide emissions at the minimum required 90.0% control efficiency, based on a thirty-day rolling average, during the following time periods: January 7 through 9, 2014; and five separate days during the interval of November 21 to 29, 2014, in violation of condition D.2.2(a) of the permits.

b.       Pursuant to Part 70 Permit No. 129-33047-00010, condition D.3.4 requires the respondent to calibrate, certify, operate and maintain a continuous emissions monitoring system for combustion turbine ABB CT No. 3 stack #3 for NOx and CO2 or O2.  The respondent is further required to use this system to determine compliance with the NOx limit in permit condition D.3.1.


Respondent failed to calibrate, certify, operate and maintain a continuous emissions monitoring system for combustion turbine ABB CT No. 3 stack #3 for NOx and CO2 or O2.  The respondent further failed to use this system to determine compliance with the NOx limit in permit condition D.3.1., in violation of condition D.3.4 of the permit.

c.        Pursuant to Part 70 Permit No. 129-33047-00010, condition D.7.3 requires the respondent to make weekly visible emission notations of the fly ash barge loader.


Respondent failed to make weekly visible emission notations of the fly ash barge loader during the following time periods: November 7, 2014 through February 26, 2015, in violation of condition D.7.3 of the permit.

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 permit conditions listed in the findings above at issue.

 

3.             Within ninety days of the Effective Date, Respondent shall submit results of compliance testing performed within the last ten years used to determine compliance with Acid Rain  requirements associated with combustion turbine ABB CT No. 3 stack #3 NOx determinations.

 

4.             All submittals required by this Agreed Order, unless Respondent is notified otherwise in writing by IDEM, shall be sent to:

 

Patrick J. Austin, 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

 

5.             Within one hundred eighty days of the Effective Date, Respondent shall submit a permit modification application to accurately describe the current method of determining and demonstrating continuous compliance with the combustion turbine ABB CT No. 3 stack #3 NOx limit in permit condition D.3.1 of Part 70 Permit No. 129-33047-00010.  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

6.             Respondent is assessed and agrees to pay a civil penalty of twenty-four thousand one hundred and fifty dollars ($24,150.00).  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”.

 

7.             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

 

Condition 3: Failure to submit results of compliance

testing performed within the last ten years used to

determine continuous compliance with Acid Rain requirements

associated with combustion turbine ABB CT No. 3

stack #3 NOx determinations.                                                     $100.00/week

 

 

Condition 5: Failure to submit a permit modification to

accurately describe the current method of determining

and showing continuous compliance with the combustion

turbine ABB CT No. 3 stack #3 NOx limit in permit

condition D.3.1 of Part 70 Permit No. 129-33047-00010.              $100.00/week

 

8.             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.

 

9.             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

 

10.          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.

 

11.          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.

 

12.          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.

 

13.          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.

 

14.          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.

 

15.          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.

 

16.          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 findings of fact in this Agreed Order.

 

17.          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.

 

18.          This Agreed Order shall remain in effect until IDEM issues a Resolution of Case letter to Respondent.

 

 

TECHNICAL RECOMMENDATION:

 

RESPONDENT:

Department of Environmental Management

 

 

 

 

 

By:

 

 

By:

 

 

Lynne J. Sullivan, Chief

 

Printed:

 

 

Compliance and Enforcement Section 2

 

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 May 20, 2016

 

Keith Baugues, Assistant Commissioner

 

Office of Air Quality

 

Indiana Department of Environmental Management