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STATE OF
INDIANA |
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BEFORE THE
INDIANA DEPARTMENT |
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COMMISSIONER
OF THE DEPARTMENT Complainant, v. LEHIGH HANSON
ECC, INC., Respondent. |
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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 Essroc Cement Corporation, now
known as Lehigh Hanson EEC, Inc. (“Respondent”), which owns the stationary portland cement manufacturing plant with Plant ID No. 017-00005,
located at 3084 West County Road 225 South, in Logansport, Cass County, Indiana
(“Site”). Respondent also operated the
Site prior to May 1, 2017, on which date Lehigh Cement Company LLC became the
operator of 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”) on June 16, 2017 via Certified Mail to:
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Jonathan
Morrish, President |
Corporation Service Co., Registered
Agent |
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Lehigh
Cement Company, LLC |
135
N. Pennsylvania Street |
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300
E. John Carpenter Freeway |
Suite
1610 |
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Irving,
TX 75062 |
Indianapolis, IN 46204 |
5.
During an investigation conducted by a representative
of IDEM, the following violations were found:
a. Pursuant to 40 CFR 63.1350(b), sources will
use a PM CPMS to establish a site-specific operating limit corresponding to the
results of the performance test demonstrating compliance with the PM
limit. Within 30 days of the exceedance
or at the time of the annual compliance test, whichever comes first, conduct a
PM emissions compliance test to determine compliance with the PM emissions
limit and to verify or re-establish the PM CPMS operating limit within 45 days.
Respondent failed to conduct a test within 30 days for the Clinker Cooler #1
and Clinker Cooler #2 combined stack to re-establish the site specific
operating limit after exceeding the operating limits, in violation of 40 CFR
63.1350(b).
b. Pursuant to 40 CFR 63.1354(b), the owner
or operator of an affected source shall comply with the reporting requirements
specified in §63.10 of the general provisions of this part 63, as required by
§63.10(e)(3), the owner or operator of an affected source equipped with a
continuous emission monitor shall submit an excess emissions and continuous
monitoring system performance report for any event when the continuous
monitoring system data indicate the source is not in compliance with the
applicable emission limitation or operating parameter limit.
Respondent failed to report exceeding its 30-day rolling average for its PM
CPMS operating limit for the combined Clinker Cooling #1 and Clinker Cooling #2
combined stack, in violation of 40 CFR 63.1354(b).
c. Pursuant to 40 CFR 63.1209(j), to remain
in compliance with the destruction and removal efficiency (DRE) standard, you
must establish operating limits during the comprehensive performance test (or
during a previous DRE test under provisions of §63.1206(b)(7)), and comply with
those limits at all times that hazardous waste remains in the combustion
chamber.
Respondent reported that on June 10, 2016, it failed to activate the automatic
waste feed cutoff upon exceeding kiln hazardous waste feed limit for 3 hours,
in violation of 40 CFR 63.1209(j).
d. Pursuant to 40 CFR 63.1343, Table 1,
emissions for an existing clinker cooler at a major or area source is limited
to 0.07 pounds of PM per ton of clinker produced.
Based on a stack test conducted July 28, 2016, Clinker Cooler 1and Clinker
Cooler 2 failed to demonstrate compliance with the 0.07 pounds of PM per ton of
clinker produced, in violation of 40 CFR 63.1343, Table 1.
6.
Respondent demonstrated initial compliance with
the 0.07 pound PM per ton of clinker produced for Clinker Cooler #1 and Clinker
Cooler #2 on August 18, 2015.
7.
Respondent demonstrated compliance with the
0.07 pound PM per ton of clinker produced for during a retest of Clinker Cooler
#1 and Clinker Cooler #2 on October 26, 2016.
8.
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
number 017-37759-00005, unless superseded by a permit modification or renewal.
3.
All submittals required by this Agreed Order,
unless Respondent is notified otherwise in writing by IDEM, shall be sent to:
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Matthew
Chaifetz, Senior Enforcement Manager |
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Compliance
and Enforcement Branch – Mail Code 61-53 |
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Indiana
Department of Environmental Management |
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100 North
Senate Avenue |
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Indianapolis,
IN 46204-2251 |
4.
Respondent is assessed and agrees to pay a
civil penalty of Fourteen Thousand Four Hundred Dollars ($14,400.00). 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:
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IDEM
Office of Legal Counsel |
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IGCN,
Rm N1307 |
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100
N Senate Ave |
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Indianapolis,
IN 46204 |
6.
This Agreed Order shall apply to and be binding
upon Respondent and his/her/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.
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TECHNICAL
RECOMMENDATION: |
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RESPONDENT: |
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Department
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Lehigh Hanson EEC, Inc. |
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By: |
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By: |
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David
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Printed: |
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Enforcement
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Title: |
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Office
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COUNSEL
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Date: |
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APPROVED
AND ADOPTED BY THE INDIANA DEPARTMENT OF ENVIRONMENTAL |
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MANAGEMENT THIS |
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DAY OF |
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,
2017. |
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For
the Commissioner |
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Signed
on October 2, 2017 |
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Keith
Baugues, Assistant Commissioner |
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Office
of Air Quality |
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Indiana
Department of Environmental Management |
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