STATE OF INDIANA ) BEFORE THE INDIANA DEPARTMENT
) SS: OF ENVIRONMENTAL MANAGEMENT
COUNTY OF MARION )
COMMISSIONER OF THE DEPARTMENT )
OF ENVIRONMENTAL MANAGEMENT, )
)
Complainant, )
)
v. ) CAUSE NO. A-4550 or 1999-3541-A,
) A-4576 or 1999-3570-A & A-4582 or 1999-3578-A
AMERICAN STEEL FOUNDRIES DIVISION, )
AMSTED INDUSTRIES, INC. )
)
Respondent. )
AGREED ORDER
The Complainant and the 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 (hereinafter referred to as "Complainant") of the Indiana Department of Environmental Management, a department of the State of Indiana created by IC 13-13-1-1.
2. Respondent is American Steel Foundries Division, Amsted Industries, Inc. (hereinafter referred to as "Respondent"), which owns and operates a cast steel foundry at 3761 Canal Street, located in East Chicago, Indiana.
3. The Indiana Department of Environmental Management ("IDEM") has jurisdiction over the parties and subject matter of this action.
4. Pursuant to IC 13-30-3-3, IDEM issued a Notice of Violation via Certified Mail to:
Garry Edson C T Corporation System
American Steel Foundries Division, Registered Agent for:
Amsted Industries, Inc. American Steel Foundries Division,
3761 Canal Street Amsted Industries, Inc.
East Chicago, IN 46312 One North Capitol
Indianapolis, IN 46204
5. Rule 326 IAC 5-1-2(2) requires that sources of visible emissions in Lake County shall not exceed an average of twenty percent (20%) opacity in twenty-four (24) consecutive readings.
6. On March 18, 1999, a representative of the Office of Air Management, IDEM conducted an inspection at American Steel Foundries Division, 3761 Canal Street, East Chicago, IN. During the inspection, the inspector observed that visible emissions from the roof vents above the electric arc furnace exceeded an average of twenty percent (20%) opacity for twenty-four consecutive readings, a violation of Rule 326 IAC 5-1-2(2).
On April 8, 1999, a representative of the Office of Air Management, IDEM conducted an inspection at American Steel Foundries Division. During the inspection, the inspector observed that visible emissions from the roof vents above the shake out area exceeded an average of twenty percent (20%) opacity for twenty-four consecutive readings, a violation of Rule 326 IAC 5-1-2(2).
On May 27, 1999, a representative of the Office of Air Management, IDEM conducted an inspection at American Steel Foundries Division. During the inspection, the inspector observed that visible emissions from the roof vents above the electric arc furnace exceeded an average of twenty percent (20%) opacity for twenty-four consecutive readings, a violation of Rule 326 IAC 5-1-2(2).
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 the Complainant or her delegate, and has been received by the Respondent. This Agreed Order shall have no force or effect until the Effective Date.
The Respondent shall install control equipment that will limit oxygen blows, at the electric arc furnaces, to a maximum of three minutes followed by a three minute pause before another oxygen blow can begin. The equipment will be installed and fully operational within 180 days of the effective date of this order.
The Respondent shall install appropriate administrative or engineering control equipment to restrict the rate and operation of the shakeout. The Respondent shall institute the following measures:
a. Using administrative controls, limit the shakeout operation to one pouring box dump every six minutes.
b. Using engineering controls, restrict the operation of the shakeout after one box dump and associated cycle such that the shakeout will not operate for a six-minute period after the cycle.
c. Using administrative controls, restrict the operation of the shakeout such that it will not be operated until a heat of steel has been completely poured.
(a) Within sixty (60) days of the effective date, the Respondent shall provide certified visible emission reader(s), who may be employees of the Respondent or independent contractors, to self monitor the roof vents above the electric arc furnaces and the shake out area for compliance with 326 IAC 5-1.
Observations shall be made a minimum of four (4) hours per week during the times when the electric arc furnaces and shake out are in operation. The time of observations shall be staggered and not completed in a single day. Each set of visible emissions readings shall be at minimum six minutes in length. Such observations shall be in accordance with U.S. EPA Reference Method 9. Copies of each evaluation shall be sent to the Office of Enforcement, Air Section within thirty (30) days of the end of the calendar quarter in which the observations occurred. Respondent shall calculate, summarize and submit original data to IDEM, including the number of exceedences of the limit. The visible emissions observations shall be conducted for one year following the initial date of observations.
5. All submittals required by this Agreed Order, unless notified otherwise in writing, shall be sent to:
Craig Henry, Enforcement Case Manager
Office of Enforcement
Indiana Department of Environmental Management
100 N. Senate Avenue
P. O. Box 6015
Indianapolis, IN 46206-6015
6. Respondent is assessed a civil penalty of Eighteen Thousand Dollars ($18,000.00). Said penalty amount shall be due and payable to the Environmental Management Special Fund within thirty (30) days of the Effective Date of this Agreed Order.
7. Civil penalties are payable by check to the Environmental Management Special Fund. Checks shall include the Cause Number of this action and shall be mailed to:
Cashier
IDEM
100 N. Senate Avenue
P. O. Box 7060
Indianapolis, IN 46207-7060
8. In the event that the civil penalty required by paragraph 5 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.
9. This Agreed Order shall apply to and be binding upon the Respondent, its officers, directors, principals, agents, successors, subsidiaries, and assigns. The Respondent's signatories to this Agreed Order certify that they are fully authorized to execute this document and legally bind the parties they represent. No change in ownership, corporate, or partnership status of the Respondent shall in any way alter its status or responsibilities under this Agreed Order.
10. In the event that any terms of the 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 the Agreed Order did not contain the invalid terms.
11. The 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.
12. This Agreed Order shall remain in effect until the Respondent has complied with all terms and conditions of this Agreed Order.
TECHNICAL RECOMMENDATION: RESPONDENT:
Department of Environmental Management American Steel Foundries Division,
Amsted Industries, Inc.
By: _________________________ By: _________________________
David P. McIver
Chief, Air Section
Office of Enforcement Printed: ______________________
Title: ________________________
Date: ________________________ Date: ________________________
COUNSEL FOR COMPLAINANT: COUNSEL FOR RESPONDENT:
Department of Environmental Management
By: _________________________ By: ________________________
Office of Legal Counsel
Department of Environmental Management
Date: _______________________ Date: ______________________
APPROVED AND ADOPTED BY THE INDIANA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT THIS _____ DAY OF ____________________, 2000.
For the Commissioner:
Adopted October 27, 2000
Felicia A. Robinson
Assistant Commissioner
Office of Enforcement
4.5.6.7. 1. 1. 1. 1. 1. 1.2.3.