STATE OF
INDIANA |
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BEFORE THE
INDIANA DEPARTMENT |
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COMMISSIONER
OF THE DEPARTMENT Complainant, v. SUPERIOR
ALUMINUM ALLOYS, LLC, 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 Superior Aluminum Alloys, LLC
(“Respondent”), which owns and operates the stationary secondary aluminum
production plant with Plant ID No. 003-00286, located at 14214 Edgerton Road,
in New Haven, Allen County, Indiana (“Site”).
3.
IDEM has jurisdiction over the parties and the
subject matter of this action.
4.
Respondent waived issuance of a Notice of
Violation (“NOV”), for the violations specified in Findings of Fact Paragraph
number 5, and to the settlement period of sixty (60) days as provided for by IC
13-30-3-3, on December 30, 2016.
5.
During an investigation conducted by a
representative of IDEM, the following violations were found:
a. Pursuant 326 IAC 2-7-10.5, an owner or
operator of a Part 70 source proposing to construct new emission units shall
submit a request for modification approval.
Pursuant to 326 IAC 2-7-12, a Part 70 permit modification is any revision to a
Part 70 permit that cannot be accomplished under the program’s provisions for
administrative permit amendments.
Respondent constructed and operated an aluminum chip sorting system under an
Administrative Amendment that should have been permitted under a Minor Source
Modification and Significant Permit Modification, in violation of 326 IAC
2-7-10.5 and 326 IAC 2-7-12.
b. Pursuant to 40 CFR 63.1505(i), emission limit standards from a Group 1 furnace are
limited to 15 µg of D/F TEQ per Mg and 0.40 lb of HCl per ton of feed/charge.
Respondent conducted stack testing of Furnace #2 on May 23-24, 2016, emissions
for D/F exceeded emission limit standards from a Group 1 furnace, in violation
of 40 CFR 63.1505(i).
Respondent conducted stack testing of Furnace #4 on May 17-19, 2016, emissions
for D/F and HCl exceeded emission limit standards
from a Group 1 furnace, in violation of 40 CFR 63.1505(i).
6.
Respondent submitted a permit application
relating to the violations in 5.a, on December 29, 2011. The application was
for a Minor Modification, however based on capacity and emission factors
submitted by Respondent, potential to emit calculations resulted in an
Administrative Amendment being issued.
7.
Respondent submitted a second application on
May 1, 2015, to correct permitting for the chip sorter, Part 70 Significant
Permit Modification 003-35907-00286 correcting the chip sorter was issued
December 1, 2015.
8.
The furnace tests cited in paragraph 5.b.
above, were for the purpose of evaluating a new operating range for lime
feed. The lime feed rate was returned to
the previous setting(s) upon completion of the tests.
9.
Respondent conducted retesting of Furnaces #2
& #4 from November 8-10, 2016, demonstrating compliance with the emission
limits for D/F and HCl.
10.
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
003-35907-00286, 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, 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 Twenty-One Thousand Eight Hundred Seventy-Five Dollars $21,875.00). 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 he/she is fully authorized to execute this Agreed Order and
legally bind the party he/she/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 this Agreed Order.
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 complies with the terms of Order Paragraph Number 4.
TECHNICAL
RECOMMENDATION: |
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RESPONDENT: |
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Department
of Environmental Management |
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Superior Aluminum Alloys, LLC |
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By: |
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David
P. McIver, Chief |
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Printed: |
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Enforcement
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Title: |
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Office
of Air Quality |
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COUNSEL
FOR RESPONDENT: |
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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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2018. |
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For
the Commissioner |
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Signed
on February 27, 2018 |
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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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