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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. INTAT
PRECISION, 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 INTAT Precision, Inc.
(“Respondent”), which owns and operates a stationary gray and ductile iron
foundry with Plant I.D. No. 139-00011 located at 2148 State Road 3 in
Rushville, Rush 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 April 28, 2017, via Certified Mail to:
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Tomiyuki Murayama, President |
Prentice-Hall
Corporation System, Inc., Registered Agent |
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2148
N. State Road 3 |
135
N. Pennsylvania St., Suite 1610 |
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Rushville,
IN 46173 |
Indianapolis,
IN 46204 |
5.
During an inspection on January 11, 2017, conducted
by a representative of IDEM, the following violations were found:
a. Pursuant to Part 70 Permit No. 139-37486-00011
(“Permit”), issued to Respondent on December 7, 2016, condition D.2.14
(condition D.2.13 in Part 70 Permit No. 139-35965-00011 issued October 27,
2015), Permittee shall record the pressure drop across baghouses DC-3A, DC-3B,
BH6400, BH6200, DC-7, DC-8, and DC-13, at least once per day when the units are
in operation.
Respondent recorded pressure drop across DC-13 when unit was not operating from
January 1, 2016 through December 31, 2016, in violation of Part 70 Permit No.
139-37486-00011 (“Permit”), issued to Respondent on December 7, 2016, condition
D.2.14 (condition D.2.13 in Part 70 Permit No. 139-35965-00011 issued October
27, 2015).
b. Pursuant to Part 70 Permit No.
139-35965-00011, issued to Respondent on October 27, 2015, condition D.2.17, a quarterly
summary of the information to document compliance status with condition D.2.5(b) shall be submitted to demonstrate, CO emissions
from Pouring station (PB13B), Cooling line (P4B), Shakeout unit (P16B), Bad
Heat Shakeout unit combined shall not exceed 98.75 tons per twelve consecutive
month period.
Respondent failed to submit quarterly summaries to document compliance with
condition D.2.5(b) for all 4 quarters of 2016, in violation of Part 70 Permit
No. 139-35965-00011, condition D.2.17.
c. Pursuant to Part 70 Permit No.
139-35965-00011, issued to Respondent on October 27, 2015, condition C.13, Permittee
shall take reasonable response steps to restore operation of the emissions unit
to its normal or usual manner of operation.
Records indicated that pressure drop across DC-5 was below the permitted range
for the month of January 2016 without response steps being noted, in violation
of Part 70 Permit No. 139-35965-00011, condition C.13.
d. Pursuant to Part 70 Permit No. 139-36382-00011,
issued to Respondent on January 15, 2016, condition D.3.5, requires testing to
demonstrate compliance with PM, PM10, VOC and CO limits. Testing to be repeated at least once every
five years from the date of the valid compliance demonstration.
Respondent failed to conduct PM & PM10 testing within five years of the
last valid compliance demonstration for BH6020, BH6040 and FF AAF control units,
in violation of Part 70 Permit No. 139-36382-00011, condition D.3.5.
Respondent failed to conduct VOC and CO testing within five years of the last
valid compliance demonstration for the Melting (1110), Inoculation (1150),
Pouring (2000), the Casting conveyor & Cooling Conveyor system (2015 and
2020), and the Casting Shakeout system (3010), in violation of Part 70 Permit No.
139-36382-00011, condition D.3.5.
e. Pursuant to Part 70 Permit No.
139-35965-00011, issued to Respondent on October 27, 2015, condition C.7(c),
requires all test reports be received by IDEM, OAQ not later than forty-five
(45) days after completion of testing.
Respondent failed to timely submit stack test reports for BH6020, BH6030, BH6040, FF AAF, the Melting (1110), Inoculation
(1150), Pouring (2000), the Casting conveyor & Cooling Conveyor system
(2015 and 2020), and the Casting Shakeout system (3010), in violation of Part
70 Permit No. 139-35965-00011, condition C.7(c).
f. Pursuant to Part 70 Permit No.
139-35965-00011, issued to Respondent on October 27, 2015, condition D.3.9, Permittee
shall maintain a daily record of the pressure drop across each of the baghouses
and fabric filters.
Respondent did not take pressure drop measurements for the FF AAF, DC#1 and
DC#4 baghouses from January 1, 2016 through December 31, 2016, in violation of Part
70 Permit No. 139-35965-00011, condition D.3.9.
g. Pursuant to Part 70 Permit No.
139-37486-00011 (“Permit”), issued to Respondent on December 7, 2016, condition
D.5.2, the owner or operator of a cold cleaner degreaser shall ensure the
requirements of 326 IAC 8-3-2 are met, specifically provide a permanent,
conspicuous label that lists the operating requirements.
Respondent failed to have a permanent, conspicuous label affixed to its cold
cleaner degreaser, in violation of Part 70 Permit No. 139-37486-00011 (“Permit”),
condition D.5.2 and 326 IAC 8-3-2.
h. Pursuant to Part 70 Permit No.
139-35965-00011, issued to Respondent on October 27, 2015, condition D.6.6, to
document compliance with condition D.6.5, the Permittee shall maintain a daily
record of visible emission notations for the Sprue blast and Die quench blast
operation stack exhaust from Stacks SB-1 and DQ-1.
Respondent failed to maintained visible emission notation records from January
1, 2016 through December 31, 2016 for the Die Quench stack exhaust DQ-1, in
violation of Part 70 Permit No. 139-35965-00011, condition D.6.6.
6.
The late stack tests cited in “5.d.” above were
conducted in September and October 2016, the corresponding late stack test
reports cited in “5.e.” above have been submitted to IDEM.
7.
On February 24, 2017, Respondent provided
information indicating that records are maintained to provide ability to
calculate CO emissions as cited in “5.b.” above. Respondent will report quarterly.
8.
On February 24, 2017, Respondent provided
information on how it modified procedures for the capturing and maintaining of
visible emission notations and pressure drops during equipment operation.
9.
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
139-37486-00011, issued to Respondent December 7, 2016, unless superseded by a
permit modification or renewal.
3.
Within forty-five (45) days of the Effective
Date, Respondent shall submit a permit application to correctly identify the grinder/dust
collector arrangement(s) in the GSI building.
4.
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, Compliance and 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 |
5.
Respondent is assessed and agrees to pay a
civil penalty of Twenty Five Thousand Six Hundred Dollars ($25,600.00). 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”.
6.
In the event the terms and conditions of the
following paragraphs are violated, Complainant may assess and Respondent shall
pay a stipulated penalty in the following amount:
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Paragraph |
Violation |
Stipulated Penalty |
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3 |
Failure
to submit permit application |
$250
per week or part thereof |
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:
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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 |
9.
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 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.
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 [or Asbestos
Trust 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 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
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
of Environmental Management |
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INTAT Precision, Inc. |
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By: |
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By: |
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David
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Enforcement
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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 June 26, 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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