STATE OF
INDIANA |
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BEFORE THE
INDIANA DEPARTMENT |
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COMMISSIONER
OF THE DEPARTMENT Complainant, v. HOWMET
CASTINGS AND SERVICES, 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 Howmet Castings and Services,
Inc. (“Respondent”), which owns and operates the stationary metal alloy casting
plant with Plant ID No. 091-00047, located at 1110 East Lincolnway,
in LaPorte, LaPorte 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”) on May 24, 2017, via Certified Mail to:
Dirk
Bauer, President |
CT Corporation System, Registered
Agent |
Howmet
Castings and Service, Inc. |
150
West Market Street |
1
Misco Drive |
Suite
800 |
Whitehall,
MI |
Indianapolis,
IN 46204 |
Attn:
Rachelle Johnson |
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5.
During an investigation conducted by a
representative of IDEM, the following violations were found:
a. Pursuant to 40 CFR 63.11545(c), if a
large foundry starts up a new affected source after June 25, 2009, it must
achieve compliance with the provisions of this subpart upon startup of the
affected source.
Pursuant to 40 CFR 63.11550(b)(2), for new affected sources located at a large
foundry, must achieve a PM control efficiency of at least 99.0 percent or emit
no more than an outlet PM concentration limit of at most 0.010 gr/dscf.
Respondent became an affected large foundry on July 16, 2016, two years after
issuance of Federally Enforceable State Operating Permit 091-34217-00047, On
September 22, 2016 Respondent conducted a stack test, for the Electric
Induction Ovens in Plant 2, exceeding
0.010 gr/dscf, in violation of 40 CFR 63.11550(b)(2).
b. Pursuant to 40 CFR 63.11550(c)(3),
requires an affected small foundry that subsequently becomes a large foundry,
must comply with PM control requirements in paragraph 63.11550(b) no later than
2 years from the date of issuance of the permit for the capacity increase.
Pursuant to 40 CFR 63.11550(b)(1), for existing affected sources located at a
large foundry, must achieve a PM control efficiency of at least 95.0 percent or
emit no more than an outlet PM concentration limit of at most 0.015 gr/dscf.
Pursuant to 40 CFR 63.11551(a), A performance test for existing and new sources
at a large foundry that is subject to §63.11550(b) must conducted within 180
days of the compliance date.
Respondent became an affected large foundry on July 16, 2016, two years after
issuance of Federally Enforceable State Operating Permit 091-34217-00047,
Respondent failed to conduct a performance test, for the Electric Induction
Ovens in Plant 1, by January 12, 2017, in violation of 40 CFR 63.11551(a).
6.
Respondent has submitted information
documenting the initiation of a project to improve the capture of emissions
from the Plant 1 and Plant 2 Electric Induction Ovens.
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 40 CFR 63, subpart
ZZZZZZ (6Z) and Federally Enforceable State Operating Permit 091-36999-00047,
unless superseded by a revised rule or revised permit revision.
3.
Respondent shall conduct performance stack
testing on the Electric Induction Ovens in Plant 1 (P1-EIO2, 5, 6, 8, 9, and
10) and Electric Induction Oven in Plant
2 (P2-EIP1) by September 17, 2017 as referenced in the Stack Test Extension
Letter issued March 2, 2017.
4.
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 |
5.
Respondent is assessed and agrees to pay a
civil penalty of Twenty-Two Thousand Dollars ($22,000.00). 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:
Paragraph |
Violation |
Stipulated Penalty |
3 |
Failure to
conduct performance testing for the furnaces identified in paragraph 3 above,
by September 17, 2017. |
$1000/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; except that payment of an
assessed stipulated penalty shall preclude the Complainant from seeking additional
relief for the failure to complete testing in accordance with Paragraph 3. Additional relief sought by Complainant may
include any remedies or sanctions available pursuant to Indiana law, including,
but not limited to, civil penalties pursuant to IC 13-30-4 for a violation
other than conducting performance testing in accordance with Paragraph 3.
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 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.
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 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.
TECHNICAL
RECOMMENDATION: |
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RESPONDENT: |
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Department
of Environmental Management |
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Howmet Castings and Services, Inc. |
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By: |
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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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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 July 19, 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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