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STATE OF
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BEFORE THE
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COUNTY OF
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ENVIRONMENTAL
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COMMISSIONER
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OF
ENVIRONMENTAL MANAGEMENT, |
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Complainant, |
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KIMURA
FOUNDRY AMERICA, INC., |
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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 Indiana Code (“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 IC
13-13-1-1.
2.
Respondent
is Kimura Foundry America, Inc. (“Respondent”), which owns and operates the
stationary prototype foundry with 3D sand mold making printers, for the
production of steel casts with Plant ID No. 145-00091, located at 789 W. Boomer
Way, in Shelbyville, Shelby 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 electronic mail
to:
Yoya Fukuda,
President Cogency
Global, Inc., Registered Agent
Kimura Foundry
America, Inc. Kimura
Foundry America, Inc.
789 W. Boomer
Way 9221
Crawfordsville Rd.
Shelbyville,
IN 46176 Indianapolis,
IN 46234
you-ya@kimurafoundry.com statrep@cogencyglobal.com
5.
During
an investigation including a report review conducted by a representative of
IDEM, the following violation was found:
a.
Pursuant
to 40 CFR 60, Subpart UUU, §60.734(a), the owner or operator of an affected
facility subject to the provisions of this subpart who uses a dry control
device to comply with the mass emission standard shall install, calibrate,
maintain, and operate a continuous monitoring system (“COMS”) to measure and
record the opacity of emissions discharged into the atmosphere from the control
device.
Respondent failed
to operate the COMS associated with the sand thermal reclamation baghouse DC3 as
follows:
During the
third quarter of 2019, Respondent experienced 303.5 hours, or 97.28% of COMS
downtime relative to 312 hours of operation, in violation of 40 CFR 60, Subpart
UUU, §60.734(a);
During the
fourth quarter of 2019, Respondent experienced 264 hours, or 100% of COMS
downtime relative to 264 hours of operation in, violation of 40 CFR 60, Subpart
UUU, §60.734(a);
During the
first quarter of 2020, Respondent experienced 120 hours or 38.46% COMS downtime
relative to 312 hours of operation in violation of 40 CFR 60, Subpart UUU,
§60.734(a).
6.
Respondent
made repairs to the COMS system and returned it to service on February 7, 2020.
7.
Orders
of the Commissioner are subject to administrative review by the Office of
Environmental Adjudication under IC 4-21.5; however, in recognition of the settlement
reached, Respondent acknowledges notice
of this right and 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 the 40 CFR 60,
Subpart UUU.
3.
All submittals required by this Agreed Order,
unless IDEM notifies the Respondent otherwise in writing, shall be sent to:
Jennifer
Bailey, Senior Enforcement Case Manager
Office of Air Quality
Indiana
Department of Environmental Management
100 North
Senate Avenue
Indianapolis,
IN 46204-2251
4.
Pursuant to IC 13-30-4-1, Respondent is
assessed and agree to pay a civil penalty of Ten Thousand Two Hundred Dollars
($10,200).
The civil
penalty shall be paid in six (6) monthly installments. The initial payment of One thousand Seven
Hundred Dollars ($1,700) 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”. Five (5)
additional payments of One Thousand Seven Hundred Dollars ($1,700) each shall
be made, one within sixty (60) days of the Effective Date, the second within
ninety (90) days of the Effective Date, the third within one hundred twenty
(120) days of the Effective Date, the fourth within one hundred fifty (150)
days of the Effective Date, and the fifth within one hundred eighty (180) days
of the Effective Date. Interest shall
accrue on unpaid amounts at the rate established by IC 24-4.6-1-101.
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:
Indiana
Department of Environmental Management
Accounts
Receivable
IGCN, Room
1340
100 North
Senate Avenue
Indianapolis,
IN 46204
6.
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.
7.
Signatories to this Agreed Order certify that
they are fully authorized to execute this Agreed Order and legally bind the
party they represent.
8.
This Agreed Order shall apply to and be binding
upon Respondent and all successors and assigns. Respondent shall provide a copy
of this Agreed Order, if in force, to any subsequent owners, successors, or
assigns before ownership rights are transferred.
9.
No change in ownership, corporate, or partnership
status of Respondent shall in any way alter the Respondent’s status or
responsibilities under this Agreed Order.
10.
Respondent shall ensure that all contractors,
firms, and other persons performing work under this Agreed Order comply with
the terms of this Agreed Order.
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.
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 the obligation
to comply with the requirements of any applicable permits or any applicable
Federal or State laws or regulations.
13.
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.
14.
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 violation
specified in the NOV.
15.
Nothing in this Agreed Order shall prevent IDEM
or anyone acting on its behalf from communicating with the U.S. Environmental
Protection Agency (“U.S. 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 U.S. EPA or any
other agency or entity.
16.
This Agreed Order shall remain in effect until
Respondent have complied with all terms and conditions of this Agreed Order and
IDEM has issued 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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Kimura Foundry America, Inc. |
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By: |
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David
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Printed: |
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Enforcement
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Office
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COUNSEL
FOR COMPLAINANT: |
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COUNSEL
FOR RESPONDENT: |
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For
the Department of Environmental Management |
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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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2020. |
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For
the Commissioner: |
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Signed
on September 22, 2020 |
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Matthew
Stuckey Deputy Assistant |
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Commissioner |
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Office
of Air Quality |
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