STATE OF INDIANA

COUNTY OF MARION

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BEFORE THE INDIANA DEPARTMENT
OF ENVIRONMENTAL MANAGEMENT

 

COMMISSIONER OF THE DEPARTMENT
OF ENVIRONMENTAL MANAGEMENT,

Complainant,

v.

DALTON CORPORATION,

Respondent.

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Case No. 2010-19431-A

 

 

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 Dalton Corporation which owns/operates a grey iron foundry with Plant ID No. 085-00003, located at 1900 East Jefferson Street, in Warsaw, Kosciusko 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 June 9, 2011 via Certified Mail to Ronald L. Schmucher and Corporation Services Company.

 

5.            Based on Respondent’s Quarterly Deviation and Compliance Monitoring Reports required by Respondent’s  Title V Permit [T085-6708-00003] and Respondent’s  semiannual NESHAP reports required by Respondent’s Title V Permit and 40 CFR Part 63 Subpart EEEEE, IDEM has reason to believe that Respondent has violated environmental permit conditions. The violations are based on the following:

 

a.            Pursuant to Part 70 Permit T085-6708-0003 (“Permit”) issued to Respondent on May 9, 2007 condition D.2.7 requires that each 1 hour average temperature of the cupola gas stream be maintained at a minimum of 1300˚F and that appropriate response steps be taken whenever the hourly average temperature of the cupola gas steam is below 1300˚F with three exceptions.

 

Respondent’s reports show that there were the following deviations not covered by the three exceptions where appropriate response steps were not taken in violation of permit condition D.2.7:

 

4th Quarter 2009 – 19 deviations

 

1st Quarter 2010 – 41 deviations

 

2nd Quarter 2010 – 27 deviations

 

b.            Pursuant to permit condition E.1 [40 CFR 63.7690(b)(3)] each 15 minute average temperature of the combustion zone of the  afterburners shall be maintained at a minimum of 1300˚F with some exceptions.

 

Respondent’s reports show that there were the following deviations not covered by the exceptions in violation of permit condition E.1:

 

4th Quarter 2009 – 29 deviations

 

1st Quarter 2010 – 178 deviations

 

2nd Quarter 2010 – 117 deviations

 

3rd Quarter 2010 – 5 deviations

 

4th Quarter 2010 – 8 deviations

 

6.            Respondent has reportedly not had any deviations in 2011 because of the following actions:

·         Installed new emission control fan in August 2010

·         Modified control plan for the fan in November 2010

·         Installed finger plates over a portion of the charge door opening in November 2010

·         Provided real-time temperature information to furnace operators in December 2010

·         Hired engineering firm that suggested different thermocouples and three larger afterburners in March/April 2011

·         Installed different style thermocouple in June 2011

·         Replaced three afterburners with larger units in August 2011; the new afterburners were placed in different locations.

 

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 permit conditions D.2.7 and E.1

 

3.            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

 

4.            Respondent is assessed and agrees to pay a civil penalty of Thirty One Thousand Two Hundred Fifty Dollars ($31,250.00). 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”.

 

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

Cashier – Mail Code 50-10C

100 North Senate Avenue

Indianapolis, IN 46204-2251

 

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 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.

 

8.            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.

 

9.            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.

 

10.         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.

 

11.         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.

 

12.         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 dated June 9, 2011, or in the Findings of Fact of this Agreed Order.

 

13.         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.

 

14.         This Agreed Order shall remain in effect until IDEM issues a Resolution of Case letter to Respondent.

 

 

TECHNICAL RECOMMENDATION:

 

RESPONDENT:

Department of Environmental Management

 

Dalton Corporation

 

 

 

By:

 

 

By:

 

 

Janusz Johnson, Chief

 

Printed:

 

 

Compliance and Enforcement Section

 

Title:

 

 

Office of Air Quality

 

 

 

Date:

 

 

Date:

 

 

 

 

 

 

 

 

 

COUNSEL FOR COMPLAINANT:

 

COUNSEL FOR RESPONDENT:

For the Department of Environmental Management

 

 

 

 

 

By:

 

 

By:

 

 

Deputy Attorney General

 

 

 

 

 

 

 

 

Date:

 

 

Date:

 

 

 

 

 

 

APPROVED AND ADOPTED BY THE INDIANA DEPARTMENT OF ENVIRONMENTAL

MANAGEMENT THIS

 

DAY OF

 

, 2012.

 

 

For the Commissioner

 

 

 

Signed on February 9, 2012

 

Keith Baugues, Assistant Commissioner

 

Office of Air Quality

 

Indiana Department of Environmental Management