STATE OF
INDIANA |
) |
|
BEFORE THE
INDIANA DEPARTMENT |
||
|
|||||
COMMISSIONER
OF THE DEPARTMENT Complainant, v. JUPITER
ALUMINUM CORPORATION, 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 Jupiter Aluminum Corporation
(“Respondent”), which (owns and operates a stationary secondary aluminum
processing operation with Plant I.D. No. 089-00201 located at 1745 165th
Street in Hammond, Lake County, Indiana (the “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:
Paul-Henri
Chevalier, President |
Corporation
Service Company, Registered Agent |
Jupiter
Aluminum Corporation |
135
North Pennsylvania Street |
2800
South River Road, Suite 300 |
Suite
1610 |
Des
Plaines, IL 60018 |
Indianapolis,
IN 46204 |
5.
During an investigation conducted by a
representative of IDEM, the following violations were found:
a. Pursuant to Part 70 Permit
089-34332-00201 (“Permit”), Condition D.2.6, the Permittee shall record the
pressure drop across the baghouses used in conjunction with the three (3)
furnaces and the rotary dross cooler at least once per day when the three (3)
furnaces and the rotary dross cooler are in operation.
Pursuant to Permit Condition D.2.8(c), to document compliance with Condition
D.2.6 – Parametric Monitoring, the Permittee shall maintain records of the
daily pressure drop reading for the baghouses, identified as BHS-6, BHS-7,
BHS-9, BHS-10, BHS-11, and BHS-12 used in conjunction with the three (3)
furnaces and the rotary dross cooler.
Respondent failed to adequately record response steps taken for out-of-range
pressure drops and/or maintain pressure drop readings for 30 records, between
September 2014 and September 2015, relating to daily pressure drop readings for
Baghouses, BHS-6, BHS-7, BHS-9, BHS-10, BHS-11, and BHS-12, in violation of
Permit Conditions D.2.6 and D.2.8.
b. Pursuant to Permit Condition D.3.7(a), the Permittee shall record the pressure drop
across the oil mist collection filters used in conjunction with the Hot Mill
and Cold Mills, at least once per day when the mills are in operation. When for any one reading, the pressure drop
across a filter is outside the range, the Permittee shall take reasonable response
steps.
Respondent failed to adequately record response steps taken for out-of-range
pressure drops and/or maintain pressure drop readings for 100 instances at the
Hot and Cold Mills in 2014, 2015, and 2016, in violation of Permit Condition D.3.7(a).
c. Pursuant to Permit Condition D.3.7(d), the Permittee shall record the outlet coolant
temperature for the Hot Mill at least once per day when the Hot Mill is in
operation. When, for any one reading, the temperature is above 140OF,
the Permittee shall take reasonable response steps.
Respondent failed to adequately record response steps taken for out-of-range temperatures
and/or maintain temperature readings for 35 instances at the Hot Mill in 2014
and 2015, in violation of Permit Condition D.3.7(d).
d. Pursuant to Permit Condition D.3.7(e), the Permittee shall maintain daily records of the
percentage oil content of the coolant in use at the Hot Mill.
Respondent failed to record the percent oil content in the coolant at the Hot
Mill on 3 instances in 2014 and 2015, in violation of Permit Condition D.3.7(e).
e. Pursuant to Permit Condition D.5.1(a)(5), The owner or operator of a cold cleaner
degreaser shall ensure the following operating requirement is met: provide a
permanent, conspicuous label that lists the operating requirements.
Respondent was observed, on September 18, 2015, to have a cold cleaner
degreaser without a conspicuous label describing operating instructions, in
violation of Permit Condition D.5.1(a)(5).
f. Pursuant to 40 CFR 63.1510(i)(1), the owner or operator of a continuous lime injection
system must verify that the lime is always free flowing by either: inspecting
each feed hopper or silo at least once each 8-hour period and recording the
results of each inspection. If lime is
found not to be free-flowing during any of the 8-hour periods, the owner or
operator must increase the frequency of inspections to at least once every
4-hour period for the next 3 days.
Respondent failed to conduct the required:
4-hour inspections for the Aluminum Lime
Injection (“ALI”) 1 on 8 occasions in 2014 & 2015,
4-hour
inspections for the ALI 2 on 17 occasions in 2014 & 2015,
8-hour
inspections for the ALI 1 on 5 occasions in 2016, and
8-hour
inspections for the ALI 2 on 6 occasions in 2016,
in violation of
40 CFR 63.1510(i)(1).
6.
On March 14, 2016, Respondent initiated a new
procedure to take action before a high pressure drop reading at the hot or cold
mill is reached.
7.
On May 2, 2016, Respondent was issued a permit
modification that modified the pressure drop range for Cold Mill 3.
8.
On March 24, 2016, Respondent was issued a
permit modification that increased the maximum outlet temperature of the
coolant for the Hot Mill.
9.
Effective March 28, 2016, Respondent changed the
procedure for recording the percentage oil content data at the Hot Mill.
10.
Respondent corrected the cold cleaner degrease
label within 48 hours of the inspection conducted on September 18, 2015.
11.
Respondent initiated a new electronic
notification system to alert management of potential
failures to inspect the ALI systems.
12.
On April 23, 2018, Respondent submitted revised
Annual Compliance Certifications for 2014, 2015, and 2016.
13.
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 Part 70 Permit
089-37416-00201 unless superseded by a modification or renewal.
3.
All submittals required by this Agreed Order,
unless Respondent is notified otherwise in writing by IDEM, shall be sent to:
Matthew
Chaifetz, 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 Eighteen Thousand Seven Hundred Fifty Dollars ($18,750.00). 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 |
|
Jupiter Aluminum Corporation |
|||||
|
|
|
|||||
By: |
|
|
By: |
|
|||
|
David
P. McIver, Chief |
|
Printed: |
|
|||
|
Enforcement
Section |
|
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 July 24, 2018 |
||||||
|
Matthew
Stuckey, Deputy Assistant Commissioner |
||||||
|
Office
of Air Quality |
||||||
|
Indiana
Department of Environmental Management |
||||||