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.

ECO SERVICES OPERATIONS, LLC,

Respondent.

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Case No. 2015-23034-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 Eco Services Operations, LLC (“Respondent”), which owns and operates a stationary sulfuric acid manufacturing operation with Plant ID No. 089-00242, located at 2000 Michigan Street, in Hammond, 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:

 

Gregory Yates, Plant Manager

Eco Services Operations, LLC

2000 Michigan Street

Hammond, IN 46320

 

Corporation Service Company, Registered Agent

Eco Services Operations, LLC

251 East Ohio Street Suite 500

Indianapolis, IN 46204

 

5.             During an investigation conducted by a representative of IDEM, the following violations were found:

 

a.       Pursuant to Permit Condition E.1.2 of Part 70 Operating Renewal Permit No. 089-33025-00242 issued to the Respondent on May 30, 2014 (“Permit”), which incorporates by reference to 40 CFR 60 Subpart Kb, Eco Services Operations, LLC is required to operate the closed vent system and control device, and monitor the parameters of the closed vent system and control device, in accordance with the operating plan.

Respondent, on October 1, October 4, and October 15, 2014, experienced malfunctions to the vapor combustor unit, which is used as the backup control device for the Unit-4 Furnace, which made the backup control unavailable for periods of eighty-eight (88) minutes, thirteen (13) minutes, and sixty-two (62) minutes, respectively.  While the vapor combustor was unavailable, the Unit-4 Furnace was down for scheduled maintenance, and the emissions were routed to an emergency bypass, to the atmosphere.  Eco Services Operations, LLC estimates that these incidents resulted in fifteen (15) pounds, two (2) pounds, and ten (10) pounds of volatile organic compounds being emitted to the atmosphere on October 1, October 4, and October 15, respectively, in violation of 40 CFR 60.113b (c)(2).

b.       Pursuant to Permit Condition E.2.1 of the Permit, which incorporates by reference to 40 CFR 60 Subpart A, Eco Services Operations, LLC is required to check the zero and span calibration drifts at least once per operating day in accordance with a written procedure.

 

Respondent, on November 28 and November 30, 2014, experienced a power failure, which disrupted the configuration in the Distributed Control System (DCS), causing a failure of auto calibration logic.  Due to the auto-calibration logic failure, the daily calibration as required in Subpart A to 40 CFR Part 60, did not automatically initiate and thus was not performed, in violation of  40 CFR 60.13 (d)(1).

 

6.             Respondent has corrected the logic failure for auto-calibration with the DCS, and has repaired the Vapor Combustor, used as the backup control for the Unit-4 Furnace.

 

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 the Respondent.  This Agreed Order shall have no force or effect until the Effective Date.

 

2.             Respondent shall comply with 40 CFR 60.113b (c)(2) and 40 CFR 60.13 (d)(1).

 

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

 

Kevin Sokolowski, 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 Eight Thousand, Seven Hundred and Fifty dollars ($8,750.00).  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:

 

IDEM Office of Legal Counsel

IGCN, Rm  N1307

100 N Senate Ave

Indianapolis, IN  46204

 

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

 

Eco Services Operations, LLC

 

 

 

By:

 

 

By:

 

 

Rick Massoels

 

Printed:

 

 

Deputy Director

 

Title:

 

 

Northwest Regional Office

 

 

 

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 January 21, 2016

 

Keith Baugues, Assistant Commissioner

 

Office of Air Quality

 

Indiana Department of Environmental Management