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ENVIRONMENTAL MANAGEMENT |
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COMMISSIONER OF THE
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OF ENVIRONMENTAL
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Complainant, |
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Case No. 2001-3527-A |
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Case No. 2000-9237-A |
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THYSSENKRUPP WAUPACA,
INC., |
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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.
I. FINDINGS OF FACT
1.
Complainant is the Commissioner (“Complainant”) of the
Indiana Department of Environmental Management (“IDEM”), a department of the
State of
2.
Respondent is Thyssenkrupp Waupaca, Inc. (“Respondent”),
which owns and operates the stationary ductile iron foundry with Plant ID. No.
123-00019 located at
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
on October 5, 1999 via Certified Mail to Gary Greubel, Environmental
Coordinator for Waupaca Foundry Inc., and C. T. Corporation System, registered
agent for Waupaca Foundry, Inc.
5.
Pusuant to IC 13-30-3-3, IDEM issued a Notice of Violation
on May 9, 2002 via Certified Mail to Gary L. Thoe, President of Waupaca Foundry
Inc., and CSC, registered agent for Waupaca Foundry, Inc.
6.
During an investigation conducted by representatives of
IDEM, the following violations were found:
a.
Pursuant to Construction Permit No. 123-4593, Operation
Condition Nos. 9 and 28, Respondent was required to install and operate a
baghouse to control particulate emissions from the charge make-up and handling
area. This baghouse was required
pursuant to an evaluation of Best Available Control Technology (“BACT”) under
the Prevention of Significant Deterioration (PSD”) provisions of 326 IAC 2-2.
On March 31, 1999, a representative of IDEM’s Office of Air Quality (“OAQ”)
conducted an inspection of this facility.
During this inspection, the inspector noted that Respondent had not
installed a baghouse to control particulate emissions from the charge make-up
and handling operation, a violation of Construction Permit No. 123-4593,
Operation Condition Nos. 9 and 28 and 326 IAC 2-2.
b.
Pursuant to Construction Permit No. 123-4593, Operation
Condition No. 31, visible emissions from building openings shall be limited to
3% opacity.
On March 31, 1999, a representative of IDEM’s OAQ conducted an inspection of
this facility. During this inspection,
the inspector observed visible emissions with an opacity of 18% exiting from
the opening above the cupola, a violation of Construction Permit No. 123-4593,
Operation Condition No. 31.
c.
Pursuant to Operation Permit No. 123-8451-00019, condition
No. D.5.1(a), particulate matter
("PM") emissions from stack SO7 shall be limited to 0.005 grains per
dry standard cubic foot (gr/dscf).
During compliance testing conducted on September 23, 1999, PM emissions
measured 0.00845 gr/dscf, a violation of Operation Permit No. 123-8451-00019,
condition No. D.5.1(a).
d.
Pursuant to Operation Permit No. 123-8451-00019, condition
No. D.5.2, lead emissions from stack SO7 shall be limited to 0.0019 pounds per
hour.
During compliance testing conducted on September 23, 1999, lead emissions
measured 0.00252 pounds per hour, a violation of Operation Permit No.
123-8451-00019, condition No. D.5.2.
e.
Pursuant to Operation Permit No. 123-8451-00019, condition
No. C.15 section 3, total volatile organic compound ("VOC") emissions
from stack SO1 shall be limited to 47.0 pounds per hour.
During compliance testing conducted on September 21, 1999 and September 5,
2001, total VOC emissions measured 57.7 and 51.5 pounds per hour, respectively,
violations of Operation Permit No. 123-8451-00019, condition No. C.15 section
3.
f.
Pursuant to Operation Permit No. 123-8451-00019, condition
No. D.2.7(b), the packed bed scrubber shall be operated at all times when the
coremaking process is in operation, and the permittee shall continuously
monitor the flow rate of the scrubbing liquid.
On March 21, 2001, a representative of IDEM’s OAQ conducted an inspection of
this facility. During this inspection,
the inspector noted that Waupaca was not monitoring the flow rate of the
scrubbing liquid, a violation of Operation Permit No. 123-8451-00019, condition
No. D.2.7(b).
9.
In January 2002 Respondent installed and commenced operation
of the baghouse controls at the charge make-up and handling area.
10.
This Agreed Order, and compliance with its terms and
conditions, shall resolve all violations cited in the Notices of Violation
issued to Respondent on October 5, 1999 and May 9, 2002, as well as the
violation cited in Findings of Fact paragraph 6 above.
11.
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 No.
T123-9234-00019, which incorporates the provisions of Construction Permit No.
123-4593 and Operation Permit No. 123-8451-00019.
3.
Respondent is assessed a civil penalty of Two Hundred Ten
Thousand Thirty-Nine Dollars ($210,039).
Said penalty amount shall be due and payable to the Environmental
Management Special Fund within thirty (30) days of the Effective Date.
4.
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:
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Indiana Department of Environmental Management |
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Cashier’s Office – Mail Code 50-10C |
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5.
In the event that the civil penalty required by Order
paragraph 3 is not paid within thirty (30) days of the Effective Date of this
Agreed Order, Respondent shall pay interest on the unpaid balance at the rate
established by IC 24-4.6-1-101. The
interest shall continue to accrue until the civil penalty is paid in full.
6.
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.
7.
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.
8.
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 permits or any applicable Federal or State law
or regulation.
9.
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.
10.
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 seek additional civil penalties for
the violations specified in the NOVs.
11.
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.
12.
This Agreed Order shall remain in effect until Respondent
has complied with the terms of Order paragraph No. 3.
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TECHNICAL
RECOMMENDATION: |
RESPONDENT: |
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Department
of Environmental Management |
Thyssenkrupp Waupaca Inc. |
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By:
__________________________ |
By:
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David P. McIver |
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Chief, Air Section |
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Office of Enforcement |
Printed:
__________________ |
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Title:
____________________ |
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Date:
_______________________ |
Date:
____________________ |
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COUNSEL
FOR COMPLAINANT: |
COUNSEL
FOR RESPONDENT: |
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Department
of Environmental Management |
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By:
___________________________ |
By:
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Office of Legal Counsel |
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Date:
December 1, 2005___ |
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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For The Commissioner: |
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Signed 12/30/05________ |
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Matthew T. Klein |
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Assistant Commissioner |
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of Compliance and
Enforcement |
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