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.

JUPITER ALUMINUM CORPORATION,

Respondent.

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Case No. 2010-19504-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 Jupiter Aluminum Corporation (“Respondent”), which owns and operates the facility with Plant ID No. 145-00013, located at 205 East Carey Street, in Fairland, 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”) on January 7, 2011 via Certified Mail to the following:

 

Dietrich M. Gross, President
4825 N Scott Street Suite 200
Schiller Park , IL  60176

Corporation Service Company, Registered Agent

251 E Ohio Street Suite 500
Indianapolis , IN  46204

 

5.            During an investigation including an inspection on May 25, 2010 and June 14, 2010 conducted by a representative of IDEM, the following violations were found:

 

a.            Pursuant to Part 70 Permit No. 21274 (“permit”), issued to Respondent on May 22, 2007, conditions D.1.7 and D.1.9, require that the temperature output from the continuous monitoring system on the direct flame incinerator shall be recorded as an hourly average and the Permittee shall take appropriate response steps whenever the hourly average temperature of the incinerator is below the hourly average temperature as observed during the most recent compliant stack test.

 

Respondent failed to compare the average hourly operating temperature for the incinerator on Line No. 1 to the hourly average temperature as observed during the last compliant stack testing in order to determine compliance and take corrective action when under the established minimum incinerator temperature, in violation of permit conditions D.1.7 and D.1.9.

b.            Pursuant to Part 70 Permit No. 21274 (“permit”), issued to Respondent on May 22, 2007, conditions D.1.8 and D.1.9, require that the temperature output from the continuous monitoring system on the regenerative thermal oxidizer shall be recorded as an hourly average and the Permittee shall take appropriate response steps whenever the hourly average temperature of the oxidizer is below the hourly average temperature as observed during the most recent compliant stack test.

 

Respondent failed to keep records of the continuous operating temperature for the oxidizer on Line No. 2 and therefore is unable to compare the average hourly operating temperature to the hourly average temperature as observed during the last compliant stack testing to determine compliance and take corrective action when under the established minimum oxidizer temperature, in violation of permit conditions D.1.8 and D.1.9.

 

c.            Pursuant to Part 70 Permit No. 21274 (“permit”), issued to Respondent on May 22, 2007, condition E.1.2, requires that the Permittee shall record all periods during coating operations in excess of 3 hours during which the average temperature on a thermal incinerator at the facility remains more than 50oF below the temperature at which compliance was demonstrated during the most recent stack test.

 

Respondent failed to compare the operating temperature for the thermal incinerators on Line No. 1 and Line No. 2 to their respective temperature setpoints established during the last compliant stack testing in order to record all periods in excess of 3 hours when the operating temperature remains more than 50oF below the temperature established at the most recent compliant stack testing, in violation of permit condition E.1.2.

 

d.            Pursuant to Part 70 Permit No. 21274 (“permit”), issued to Respondent on May 22, 2007, condition E.2.2, requires that the Permittee install, calibrate, maintain and operate temperature monitoring equipment on each oxidizer according to manufacturer’s specifications.  Each temperature monitoring device must be equipped with a continuous recorder.

 

Respondent failed to keep continuous records of the operating temperature for the oxidizer on Line No. 2, in violation of permit condition E.2.2.

 

e.            Pursuant to Part 70 Permit No. 21274 (“permit”), issued to Respondent on May 22, 2007, condition E.1.2, requires the Permittee to submit a written report to the Administrator every calendar quarter of each instance in which the volume-weighted average of the local mass of VOC’s emitted to the atmosphere per volume of applied coating solids is greater than the limit established in the NSPS subpart TT section 60.462.  If no such instances have occurred during a particular quarter, a report stating this shall be submitted to the Administrator semiannually.

 

Respondent failed to submit required reporting documentation, in violation of permit condition E.1.2.

 

f.             Pursuant to Part 70 Permit No. 21274 (“permit”), issued to Respondent on May 22, 2007, condition E.2.2, requires the Permittee to submit a semiannual written report identifying the compliance option used on each coating operation and a statement of whether there were deviations from the NESHAP subpart SSSS standards during the reporting period.

Respondent failed to submit required reporting documentation, in violation of permit condition E.2.2.

6.            The Respondent purchased temperature loggers in order to electronically record the temperature data on the Direct Flame Incinerator for coating Line No. 1 and the Regenerative Thermal Oxidizer on coating Line No. 2.  The temperature loggers were installed on August 5 and 6, 2010.  The information is then converted to a 3 hour average in order to compare to the average minimum temperature established during the most recent compliant stack test.

 

7.            The Respondent submitted an application on June 13, 2011 for a significant permit modification, which was incorporated into the Respondent’s second permit renewal.  Permit 30787 issued August 16, 2012.  The temperature monitoring requirements for the Direct Flame Incinerator and the Regenerative Thermal Oxidizer included in permit Conditions D.1.7 and D.1.8 specify that temperature measurements should be recorded when the respective coating lines are in operation.

8.            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 statutes, rules, and/or permit conditions listed above at issue.

 

3.            Within 60 days of the Effective Date of this Order, Respondent shall provide 30 consecutive days of 3 hour average temperature data from the Direct Flame Incinerator for coating Line No. 1 and the Regenerative Thermal Oxidizer on coating Line No. 2, with the data set starting no sooner than the Effective Date of this Order.  The temperature data will be compared to the average minimum temperature established at the most recent compliant stack test in order to determine compliance.

 

4.            All submittals required by this Agreed Order, unless Respondent is notified otherwise in writing by IDEM, shall be sent to:

 

Rebecca Hayes, 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

 

5.            Respondent is assessed a civil penalty of Six Thousand Dollars ($6,000).  Said penalty amount shall be due and payable to the Environmental Management Special Fund within thirty (30) days of the Effective Date.  In the event that the civil penalty is not paid within thirty (30) days of the Effective Date, 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.            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:

 

Paragraph

Violation

Stipulated Penalty

 

 

 

3

Failure to provide documentation in the time frame required.

$100 per week

 

7.            Stipulated penalties shall be due and payable within thirty (30) days after Respondent receives written notice that Complainant has determined a stipulated penalty is due.  Assessment and payment of stipulated penalties shall not preclude Complainant from seeking any additional relief against Respondent for violation of this Agreed Order.  In lieu of any of the stipulated penalties set out above, Complainant may seek any other remedies or sanctions available by virtue of Respondent’s violation of this Agreed Order or Indiana law, including, but not limited to, civil penalties pursuant to IC 13-30-4.

 

8.            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:

 

Indiana Department of Environmental Management

Cashier – Mail Code 50-10C

100 North Senate Avenue

Indianapolis, IN 46204-2251

 

9.            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 their status or responsibilities under this Agreed Order.

 

10.         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.

 

11.         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 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 their obligation to comply with the requirements of their applicable permit or any applicable Federal or State law or regulation.

 

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 same violations specified in the NOV.

 

15.         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.

 

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

 

 

TECHNICAL RECOMMENDATION:

 

RESPONDENT:

Department of Environmental Management

 

 

 

 

 

By:

 

 

By:

 

 

Craig Henry, Chief

 

Printed:

 

 

Compliance and Enforcement Section 3

 

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 December 7, 2012

 

Keith Baugues, Assistant Commissioner

 

Office of Air Quality

 

Indiana Department of Environmental Management