STATE OF
INDIANA |
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BEFORE THE
INDIANA DEPARTMENT |
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COMMISSIONER
OF THE DEPARTMENT Complainant, v. HARSCO
CORPORATION, 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 Harsco Corporation
(“Respondent”), which owns and operates a stationary slag processing plant with
Plant ID No. 089-00107, located at 7100 West 9th Avenue, in Gary, 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”) in conjunction with this Agreed Order via Certified Mail to:
F. Nicholas Grasberger, |
Corporation Service Company, |
President Harsco Corporation |
Registered Agent |
350 Poplar Church Road |
251 East Ohio Street |
Camp Hill, PA 17011 |
Suite 500 |
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Indianapolis, IN 46204 |
5.
During a report review of compliance testing
conducted on September 15, 2016 conducted by a representative of IDEM, the
following violations were found:
a. Pursuant to 326 IAC 2-8-4, 40 CFR 60
Subpart UUU and Federally Enforceable State Operating Permit (FESOP) No.
089-34462-00107 (“Permit”) conditions D.1.1 and E.1.2, the allowable and actual
particulate matter (PM) limits for Rotary Dryer P01-14 are as follows:
Allowable
PM Emissions: 3.5 lb/hr*
Allowable
PM Emissions: 0.025 gr/dscf**
Respondent exceeded the allowable PM
Emission limit, in violation of 326 IAC 2-8-4, 40 CFR 60 Subpart UUU and Permit
conditions D.1.1 and E.1.2 as follows
Averaged
PM Emissions: 3.89 lb/hr
Averaged
PM Emissions: 0.026 gr/dscf
b. Pursuant to 326 IAC 2-8-4 and Permit
condition D.1.1, the allowable and actual particulate matter 10 (PM-10) and
particulate matter 2.5 (PM-2.5) limits for Rotary Dryer P01-14 are as follows:
Allowable PM-10 Emissions: 3.5 lb/hr
Allowable PM-2.5 Emissions: 3.5 lb/hr
Respondent exceeded the allowable PM-10
and PM-2.5 limits, in violation of 326 IAC 2-8-4 and Permit condition D.1.1 as
follows:
Averaged PM-10 Emissions: 3.99 lb/hr
Averaged PM-2.5 Emissions: 3.99 lb/hr
- *
pounds per hour (lb/hr)
- *
grains per dry standard cubic foot (gr/dscf)
6.
On March 10, 2017, Respondent retested Rotary
Dryer P01-14 and preliminary review of the test reports demonstrates compliance
with the PM/PM-10/PM-2.5 limits.
7.
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 rules and permit
conditions or listed above at issue.
3.
The repair of the natural gas fired rotary
dryer, identified as P01-14, was approved in Part 70 Permit No. 089-38137-00107
Administrative Amendment, which requires Respondent to perform PM, PM10, PM2.5
testing not later than 180 days after the startup of repaired rotary dryer
P01-14. Upon completion of such testing,
Respondent shall have no further obligation under Paragraphs 3 or 6 of this
Agreed Order. If the repair does not
occur, Respondent shall conduct PM, PM10, PM2.5 testing within twenty-two (22)
to twenty-four (24) months of the date of the most recent compliant test to
ensure that rotary dryer P01-14 is maintaining compliance with permitted
limits.
4.
All submittals required by this Agreed Order,
unless Respondent is notified otherwise in writing by IDEM, shall be sent to:
Jennifer
Bailey, Case Manager |
Compliance
and Enforcement Branch – Mail Code 61-53 |
Indiana
Department of Environmental Management |
100 North
Senate Avenue |
Indianapolis,
IN 46204-2251 |
5.
Respondent is assessed and agrees to pay a
civil penalty of Nine Thousand, Three Hundred Seventy Five Dollars ($9,375). 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”.
6.
In the event the terms and conditions of the
following paragraph is violated, Complainant may assess and Respondent shall
pay a stipulated penalty in the following amount:
Paragraph |
Violation |
Stipulated Penalty |
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3 |
Failure
to retest within twenty-four (24) months of compliant stack test |
$500/week
after 24 months |
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7.
Stipulated penalties shall be due and payable no
later than the 30th day after Respondent receives written notice
that Complainant has determined a stipulated penalty is due; the 30th
day being the “Due Date”. Complainant
may notify Respondent at any time that a stipulated penalty is due. Failure to notify Respondent in writing in a
timely manner of a stipulated penalty assessment shall not waive Complainant’s
right to collect such stipulated penalty or preclude Complainant from seeking
additional relief against Respondent for violation of this Agreed Order. Neither assessment nor payment of stipulated
penalties shall preclude Complainant from seeking additional relief against
Respondent for a violation of this Agreed Order; such additional relief
includes any remedies or sanctions available pursuant to Indiana law,
including, but not limited to, civil penalties pursuant to IC 13-30-4.
8.
Civil and stipulated 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 |
9.
This Agreed Order shall apply to and be binding
upon Respondent and its successors and assigns.
Respondent’s signatory to this Agreed Order certifies that he or she is
fully authorized to execute this Agreed Order and legally bind the party he or
she represents. No change in ownership,
corporate, or partnership status of Respondent shall in any way alter its
status or responsibilities under this Agreed Order.
10.
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 8, above.
11.
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.
12.
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.
13.
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.
14.
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.
15.
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.
16.
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 the Respondent may incur as a result
of such communications with the EPA or any other agency or entity.
17.
This Agreed Order shall remain in effect until
Respondent has complied with all terms and conditions of this Agreed Order and
IDEM issues a Resolution of Case letter to Respondent.
TECHNICAL
RECOMMENDATION: |
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RESPONDENT: |
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Department
of Environmental Management |
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Harsco Corporation |
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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
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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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2017. |
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For
the Commissioner |
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Signed
on July 7, 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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