STATE OF INDIANA

COUNTY OF MARION

)
)
)


SS:

BEFORE THE INDIANA DEPARTMENT
OF ENVIRONMENTAL MANAGEMENT

 

COMMISSIONER OF THE DEPARTMENT
OF ENVIRONMENTAL MANAGEMENT,

Complainant,

v.

WAUPACA FOUNDRY, INC –

PLANT 5,

Respondent.

)
)
)
)
)
)
)
)
)
)






Case No. 2016-24142-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 Indiana Code (“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 Waupaca Foundry, Inc. – Plant 5 (“Respondent”), which owns and operates the a stationary gray and ductile iron foundry with Plant I.D. No. 123-00019 located at 9856 State Highway 66 in Tell City, Perry 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”) on October 5, 2017 via Certified Mail to:

Gary Gigante, CEO

Waupaca Foundry, Inc.

1955 Brunner Drive

Waupaca, WI 54981

Corporation Service Company,

Registered Agent

251 East Ohio Street

Indianapolis, IN 46204

 

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

 

a.       Pursuant to Part 70 Permit 123-33768-00019, issued July 17, 2014, condition D.3.18(a)(2), and subsequent permits with the same condition, to document the compliance status with the PSD BACT Operating Requirements, the Permittee shall maintain records of the hourly sand throughput to the Phase II Spent Sand and Dust Handling (P83) operations.

Respondent failed to record hourly sand throughput to the Phase II Spent Sand and Dust Handling (P83) operations, in violation of Part 70 Permit 123-33768-00019, condition D.3.18(a)(2).

b.       Pursuant to Part 70 Permit 123-33768-00019, issued July 17, 2014, condition D.4.6(b)(8), and subsequent permits with the same condition, the Permittee shall only use dimethylisopropylamine (DMIPA) as a catalyst for the six (6) core machines from the Phase II phenolic-urethane core making process identified as P43 and the two (2) core machines from the Phase II phenolic-urethane core making process identified as P44.

Pursuant to Part 70 Permit 123-33768-00019, issued July 17, 2014, condition D.4.8(c), the Permittee shall only use dimethylisopropylamine (DMIPA) as a catalyst for the core machine identified as P45A.

In January 2015, Respondent began using dimethylpropylamine (DMPA) instead of DMIPA for the 6 core machines identified as P43, the 2 core machines identified as P44 and the core machine identified as P45A, in violation of Part 70 Permit 123-33768-00019, conditions D.4.6(b)(8) and D.4.8(c).

c.        Pursuant to Part 70 Permit 123-33768-00019, issued July 17, 2014, condition, condition D.4.12(b), in order to demonstrate compliance with PSD Minor Limits for particulate matter and particulate emission limitations for manufacturing processes, within one hundred and eighty (180) days after the issuance of Part 70 Renewal No. T123-33768-00019, the Permittee shall perform PM and PM10 testing on Baghouse C18, controlling the Core Room Expansion I phenolic-urethane core sand handling (P46).

Respondent failed to conduct PM and PM10 testing on Baghouse C18, within 180 days of the issuance of the Renewal, in violation of Part 70 Permit 123-33768-00019, condition D.4.12(b).

d.       Pursuant to Part 70 Permit 123-33768-00019, issued July 17, 2014, condition, condition D.5.12(a)(2), in order to demonstrate compliance with PSD BACT Operating Requirements, the Permittee shall maintain records of the hourly burn bar throughput to the Phase II Melt Area Ladle Cleaning operation.

Respondent failed to record hourly burn bar throughput to the Phase II Melt Ladle Cleaning operation, in violation of Part 70 Permit 123-33768-00019, condition D.5.12(a)(2).

6.             An application for a Minor Permit Modification to authorize the use of DMPA in core machines was submitted on September 9, 2016.  The application was combined with Significant Permit Modification (“SPM”) 123-33787-00019 and issued on February 1, 2017.

         

7.             SPM 123-39621-00019 was issued on July 13, 2018. This permit replaced the requirement to record hourly sand throughput of the Phase II Spent Sand and Dust Handling operation with a requirement to record the total sand throughput and total hours of operation for each day of operation.  Respondent had previously retained daily sand hauling and hours of operation records.

Pursuant to Settlement Agreements entered in OEA Causes 18-A-J-5013 and 18-A-J-5015 filed on December 18, 2019, the methodology of tracking Spent Sand and Dust has been modified, in a permit, to be a daily average.  The daily average will consist of the total sand loaded into trucks per day divided by the hauling hours.  The hauling hours will be as defined in the settlement agreement.

 

8.             SPM 123-39621-00019 was issued on July 13, 2018. The requirement to maintain records of hourly burn bar throughput to the Phase II Melt Area Ladle Cleaning operation was removed.  Respondent had previously retained overall burn bar usage and hours of operation.

 

9.             Stack testing on Baghouse C18 was conducted on September 15, 2017, and demonstrated compliance with permitted limits.

10.          Orders of the Commissioner are subject to administrative review by the Office of Environmental Adjudication under IC 4-21.5; however, in recognition of the settlement reached, Respondent acknowledges notice of this right and 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 123-40543-00019, 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:

 

Matthew Chaifetz, Senior Compliance & 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 Six Thousand Two Hundred Fifty Dollars ($6,250.00).  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:

 

Indiana Department of Environmental Management

Accounts Receivable

IGCN, Room 1340

100 North Senate Avenue

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 Findings of Fact above or 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 Respondent has complied with all terms and conditions of this Agreed Order and IDEM has issued a Resolution of Case letter to Respondent.

 

 

TECHNICAL RECOMMENDATION:

 

RESPONDENT:

Department of Environmental Management

 

Waupaca Foundry, Inc.

 

 

 

By:

 

 

By:

 

 

David P. McIver, Chief

 

Printed:

 

 

Enforcement Section

 

Title:

 

 

Office of Air Quality

 

 

 

Date:

 

 

Date:

 

 

 

 

 

 

 

 

 

COUNSEL FOR COMPLAINANT:

 

COUNSEL FOR RESPONDENT:

For the Department of Environmental Management

 

 

 

 

 

By:

 

 

By:

 

 

 

 

 

 

 

Deputy Attorney General

 

 

 

Date:

 

 

Date:

 

 

 

 

 

 

APPROVED AND ADOPTED BY THE INDIANA DEPARTMENT OF ENVIRONMENTAL

MANAGEMENT THIS

 

DAY OF

 

, 2020.

 

 

For the Commissioner:

 

 

 

Signed on May 29, 2020

 

Matthew Stuckey Deputy Assistant

 

Commissioner

 

Office of Air Quality