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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. C & D
TECHNOLOGIES, 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 C & D Technologies, Inc.
(“Respondent”), which owns and operates the stationary custom industrial
battery manufacturing source with Plant ID No. 045-00008, located at 200 West
Main Street, in Attica, Fountain 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 September 21, 2017, via Certified Mail to:
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Armand
Lauzon, President & CEO |
Corporation
Service Co., Registered Agent |
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C
& D Technologies, Inc. |
135
North Pennsylvania Street |
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1400
Union Meeting Road |
Suite
1610 |
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Blue
Bell, PA 19422 |
Indianapolis,
IN 46204 |
5.
During an investigation on September 29, 2016,
conducted by a representative of IDEM, the following violations were found:
a. Pursuant to Federally Enforceable State
Operating Permit (“FESOP”) 045-34583-00008, issued on August 15, 2014,
condition D.1.15(b) as well as the requirement in
previously issued permits, the Permittee shall record the water flow rate of
the Sly Manufacturing scrubber (Stack 230) at least once per day.
Respondent intermittently monitored and/or recorded the water flow rate of the
Sly Manufacturing scrubber since September 27, 2012, in violation of FESOP,
condition D.1.15(b).
b. Pursuant to FESOP, condition D.1.15(a), the Permittee shall record the pressure drop
across the baghouses used in conjunction with the pasting, three process, and
Central Vac operations, at least once per day when
the pasting, three process and Central Vac processes
are in operation.
Respondent intermittently recorded the pressure drop across the baghouses used
in conjunction with the pasting, three process, and Central Vac
operations, specifically the baghouses associated with stacks 232, 233, 231,
and 247, since September 27, 2016, in violation of FESOP, condition D.1.15(a).
c. Pursuant to FESOP, condition D.1.15(a) as well as the requirement in previously issued
permits, the Permittee shall record the pressure drop across the baghouses used
in conjunction with the pasting, three process, and Central Vac
operations, at least once per day when the pasting, three process and Central Vac processes are in operation. When for any one reading,
the pressure drop across a baghouse is outside the normal range, the Permittee
shall take a reasonable response.
Respondent intermittently took corrective action for out of range pressure drop
readings for baghouses used in conjunction with the pasting, three process, and
Central Vac operations, since September 27, 2012, in
violation of FESOP, condition D.1.15(a).
d. Pursuant to FESOP, condition D.1.13, the
particulate control device shall be in operation at all times when the
associated facilities are in operation.
Pursuant to FESOP, condition D.1.11, a Preventative Maintenance Plan is
required for facilities and any control devices.
During the inspection holes were observed in the ductwork for the Sly
Manufacturing scrubber, impacting particulate control efficiency, in violation
of FESOP, conditions D.1.13 and D.1.11.
e. Pursuant to 40 CFR 60.372(7), as
referenced by FESOP, condition D.1.2, no owner or operate subject to the
provisions of this subpart shall cause to be discharged into the atmosphere
from any affected facility other than a lead reclamation facility any gases
with greater than 0 percent opacity.
On November 13, 2015, Respondent reported a fire in the dust collection system
exhausting to stack 195, resulting in opacity in excess of 0 percent, in
violation of 40 CFR 60.372(7).
f. Pursuant to FESOP, condition D.1.12, No
later than two and one-half (2.5) years from the date of the most recent valid
compliance demonstration of a group, the Permittee shall perform lead and
opacity testing of one (1) of the stacks in each group as specified in the
table.
Respondent was late in completing repeat stack testing within 2.5 years from
the most recent compliance demonstration on nine different occasions within
groups 1, 2, 4, 5, 6, 7, and 8, in violation of FESOP, condition D.1.12.
g. Pursuant to FESOP, condition C.17(b), a retest to demonstrate compliance shall be
performed no later than one hundred eighty (180) days after the date of the
test.
Respondent failed to retest Stack 193 to demonstrate compliance, within 180
days of the test conducted on September 18, 2015, in violation of FESOP,
condition C.17(b).
h Pursuant to 40 CFR 63.11423(b)(2)(i), as referenced by FESOP, condition D.1.4, for any
emissions point controlled by a fabric filter, you must perform semiannual
inspections and maintenance to ensure proper performance of each fabric
filter. You must record the results of
these inspections.
Respondent failed to conduct semiannual inspections of each affected fabric
filter, in violation of 40 CFR 63.11423(b)(2)(i), as referenced by FESOP, condition D.1.4.
6.
Respondent updated its monitoring and
recordkeeping program and has been monitoring and recording daily pressure
drops and flow rates and documenting out of range readings for taking
corrective actions, since October 2016.
7.
Respondent effected temporary repairs of the
Sly Manufacturing scrubber duct in October 2016.
8.
Respondent had scheduled and completed stack
tests in August 2017 to return to compliance with the 2.5 year schedule in
groups 2 and 6.
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 Federally
Enforceable State Operating Permit 045-34583-00008, unless superseded with a
modification or renewal.
3.
Within ninety (90) days of the Effective Date,
Respondent shall submit a permit application which accurately identifies and
describes the equipment and control device(s) associated with Stack 247.
4.
Within fifteen (15) days of the Effective Date,
Respondent shall submit to IDEM an updated copy of the Dust Collector Activities
spreadsheet, in Appendix A, detailing all observations requiring a response
step. The spreadsheet shall include a
schedule indicating when all current issues identified requiring response steps
will be completed. Each issue shall be
resolved no later than 90 days from the Effective Date.
5.
Within ninety (90) days of the Effective Date,
Respondent shall conduct baghouse inspections on all fabric filter units.
6.
Within thirty (30) days of the inspection,
referenced in paragraph 5 above, Respondent shall evaluate, repair and/or
schedule repair of all issues discovered during the inspections. No issues shall remain unaddressed for
greater than 90 days of the Effective Date.
7.
Within ten (10) days of completing the evaluation,
referenced in paragraph 6 above, Respondent shall report results to IDEM.
8.
Within ten (10) days of completing any repairs
discovered in the inspections, referenced in paragraph 5 above, Respondent
shall notify IDEM.
9.
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 |
10.
Respondent is assessed and agrees to pay a
civil penalty of Forty-Nine Thousand Dollars ($49,000). 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”.
11.
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 |
Fail to
submit application modifying equipment/control device(s) associated with
Stack 247. |
$500/week or
part thereof |
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4 |
Fail to
submit schedule of corrective actions |
$250/week or
part thereof |
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5 |
Fail to
conduct baghouse inspections |
$500/week or
part thereof |
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6 |
Fail to
evaluate/repair/schedule repairs |
$500/week or
part thereof |
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7 |
Fail to
report results to IDEM |
$100/week or
part thereof |
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8 |
Fail to
report repairs completed |
$100/week or
part thereof |
12.
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.
13.
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 |
14.
This Agreed Order shall apply to and be binding
upon Respondent and his/her/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.
15.
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 13, above.
16.
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.
17.
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.
18.
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.
19.
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.
20.
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.
21.
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.
22.
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
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C & D Technologies, 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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2018. |
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For
the Commissioner |
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Signed
on April 9, 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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