STATE OF INDIANA |
) |
|
BEFORE THE
INDIANA DEPARTMENT |
||
|
|||||
COMMISSIONER
OF THE DEPARTMENT Complainant, v. LAFARGE
NORTH AMERICA 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 Lafarge North America Inc. (“Respondent”), which owns and operates the source
with Plant ID No. 089-00458, located at 3210 Watling Street, in East Chicago, 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
:
John Stull, President
Lafarge North America Inc.
13450 Sunrise Valley Drive Suite 220
Herndon, VA 20171
The Prentice-Hall Corporation System
Inc., Registered Agent
251 Ohio Street Suite 500
Indianapolis, IN 46204
5.
Respondent
owns and operates a stationary slag granulation and pelletizing operation.
6.
During
an investigation and a self-disclosure report review conducted by a
representative of IDEM the following violations were found:
a. Pursuant
to 326 IAC 2-7-10.5 and 326 IAC 2-7-12, prior to constructing and operating new
emission units proper permit approval must be granted.
Respondent
constructed and operated two (2) diesel fired generators without proper permit
approval, in violation of 326 IAC 2-7-10.5 and 326 IAC 2-7-12.
b. Pursuant
to 40 CFR 63.6595, an owner of an existing non-emergency stationary
reciprocating internal combustion engine (RICE), with a site rating of
more than 500 brake horsepower located at a major source of hazardous air
pollutant emissions, must comply with the applicable emission limitations and
operating limitations of 40 CFR 63, Subpart ZZZZ, no later than May 3, 2013.
Respondent failed to comply with 40 CFR 63, Subpart ZZZZ by the specified date,
in violation of 40 CFR 63.6595.
c. Pursuant
to 40 CFR 63.6610, the owner of an existing RICE must conduct an initial
performance test or other initial compliance demonstration in Table 4 of 40 CFR
63, Subpart ZZZZ, that applies to an owner of an existing stationary
RICE within one hundred and eighty (180) days after the compliance date.
Respondent
failed to timely perform an initial compliance demonstration within one hundred
and eighty (180) days after the compliance date, in violation of 40 CFR
63.6610.
d. Pursuant
to 40 CFR 63.6645, an owner of an existing stationary RICE
must submit an initial notification within one hundred and twenty (120) days of
the affected unit becoming subject to the subpart.
Respondent failed to submit an initial notification within one
hundred and twenty (120) days of the stationary RICE becoming subject to the
subpart, in violation of 40 CFR 63.6645.
7.
Respondent
has received a permit modification to incorporate the two (2) diesel fired
generators, submitted an initial notification on June 4, 2013, and compliance
tested the diesel generator EG-1 on April 15, 2014.
8.
Respondent
has self-disclosed the violations of 40 CFR 63.6595, 40 CFR 63.6610, and 40 CFR
63.6645 in a letter to the United States Environmental Protection Agency dated
October 30, 2013.
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 326 IAC 2-7-10.5, 326 IAC 2-7-12, and 40 CFR 63, Subpart ZZZZ.
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 Fourteen Thousand Three
Hundred Seventy-Five Dollars ($14,375.00).
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 |
|
Lafarge North America Inc. |
|||||
|
|
|
|||||
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 February 12, 2016 |
||||||
|
Keith
Baugues, Assistant Commissioner |
||||||
|
Office
of Air Quality |
||||||
|
Indiana
Department of Environmental Management |
||||||