STATE OF INDIANA

COUNTY OF MARION

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SS:

BEFORE THE INDIANA DEPARTMENT
OF ENVIRONMENTAL MANAGEMENT

 

COMMISSIONER OF THE DEPARTMENT
OF ENVIRONMENTAL MANAGEMENT,

Complainant,

v.

TDY INDUSTRIES, LLC d/b/a

ATI CASTING SERVICE,,

Respondent.

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Case No. 2012-20786-A and

2014-22375-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 TDY Industries, LLC, d/b/a ATI Casting Service (“Respondent”), which owns/operates the stationary gray and ductile iron foundry with Plant ID No. 091-00018, located at 300 Philadelphia Street, in La Porte, La Porte 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 July 12, 2013 via Certified Mail to:

 

Mr. Joe Walker, President

CT Corporation System, Registered Agent

Casting Service

300 Philadelphia Street

La Porte, IN 46360

 

251 E. Ohio Street Suite 1100
Indianapolis , IN  46204

 

 

5.               On May 8, 2014, IDEM issued an Enforcement Action Letter to Respondent, which listed additional violations. 

 

6.               On August 7, 2014, Respondent submitted a signed NOV Waiver to IDEM. The submittal of this document by Respondent waives issuance of an additional Notice of Violation and the settlement period of sixty (60) days as provided for by IC 13-30-3-3, for the violations listed in the Enforcement Action Letter, as well as violations reported by Respondent in the NOV Waiver.

 

7.               During an investigation conducted by a representative of IDEM, the following violations were found:

 

a.       Pursuant to Part 70 Permit No.: T 091-29549-00018, Condition No.: D.2.1 (k) and 326 IAC 2-2 (PSD BACT Limit), Respondent is required to limit Particulate Matter (PM) emissions from the Cleaning and Grinding Operations, Process P13 (Dust Collector C15) to 0.012 lb/ton of metal throughput.

Stack testing performed by Respondent on July 7, 2011, demonstrated a measured PM emission rate for the Cleaning and Grinding Operations, Process P13 (Dust Collector C15) of 0.039 lb/ton of metal throughput, in violation of Part 70 Permit No.: T 091-29549-00018, Condition No.: D.2.1(k) and 326 IAC 2-2 (PSD BACT Limit).

 

b.       Pursuant to Part 70 Permit No.: T 091-29549-00018, Condition No.: D.2.6(e), Respondent is required to determine compliance with the PM10 emission limit for the Cleaning and Grinding Operations, Process P13 (Dust Collector C.15), within one hundred eighty (180) days after issuance of this permit.

 

Respondent failed to perform a valid PM10 emission limit test of the Cleaning and Grinding Operations, Process P13 (Dust Collector C15) within one hundred eighty (180) days after issuance of this permit, in violation of Part 70 Permit No.: T 091-29549-00018, Condition No.: D.2.6(e).

 

c.       Pursuant to Part 70 Permit No.: T 091-29549-00018, Condition No.: C.15(b), Respondent is required to perform a retest to demonstrate compliance no later than one hundred eighty (180) days after the date of the test.

 

Respondent failed to perform a retest of the Cleaning and Grinding Operations, Process P13 (Dust Collector C15) within one hundred eighty (180) days of the date of the initial test, in violation of Part 70 Permit No.: T 091-29549-00018, Condition No.: C.15 (b).

 

d.       Retesting performed by Respondent on May 23, 2013, demonstrated a measured PM emission rate for the Cleaning and Grinding Operations, Process P13 (Dust Collector C15) of 0.032 lb/ton of metal throughput, in violation of Part 70 Permit No.: T 091-29549-00018, Condition No.: D.2.1(k) and 326 IAC 2-2 (PSD BACT Limit).

 

e.       Pursuant to Part 70 Permit No.: T 091-29549-00018, Condition No.: D.2.1(l) and 326 IAC 2-2 (PSD BACT Limit), Respondent is required to limit Particulate Matter  less than ten microns (PM10) emissions from the Cleaning and Grinding Operations, Process P13 (Dust Collector C15) to 0.013 lb/ton of metal throughput.

 

Stack testing performed by Respondent on May 23, 2013, demonstrated a measured PM10 emission rate for the Cleaning and Grinding Operations, Process P13 (Dust Collector C15) of 0.056 lb/ton of metal throughput, in violation of Part 70 Permit No.: T 091-29549-00018, Condition No.: D.2.1(l) and 326 IAC 2-2 (PSD BACT Limit).

 

f.        Pursuant to Part 70 Permit No.: T 091-29549-00018, Condition No.: C.15(b), Respondent is required to perform a retest to demonstrate compliance no later than one hundred eighty (180) days after the date of a non-compliant test.

 

Respondent failed to perform a retest within one hundred eighty (180) days of the non-compliant May 23, 2013 test for the Cleaning and Grinding Operations, Process P13 (Dust Collector C15), in violation of Part 70 Permit No.: T091-29549-00018, Condition No.: C.15(b).

 

g.       Pursuant to Part 70 Permit No.: T 091-29549-00018, Condition No.: D.2.1 (r) and 326 IAC 2-2 (PSD BACT Limit), Respondent is required to limit Particulate Matter  less than ten microns (PM10) emissions from the Thermal Sand Reclaim System, Process P11 (Dust Collector C05) to 0.370 lb/ton of sand throughput.

Stack testing performed by Respondent on November 14, 2012, demonstrated a measured PM10 emission rate for the Thermal Sand Reclaim System, Process P11 (Dust Collector C05) of 0.867 lb/ton of sand throughput, in violation of Part 70 Permit No.: T 091-29549-00018, Condition No.: D.2.1(r) and 326 IAC 2-2 (PSD BACT Limit).

 

h.       Pursuant to Part 70 Permit No.: T 091-29549-00018, Condition No.:C.8(c), Respondent is required to deliver the test report to IDEM, OAQ no later than forty-five (45) days after the completion of the testing.

 

The stack test report for the November 14, 2012 testing was not received by IDEM, OAQ within forty-five (45) days after completion of the testing; in violation of  Part 70 Permit No.: T 091-29549-00018, Condition No.: C.8(c).

 

i.        Retesting performed by Respondent on May 21, 2013, demonstrated a measured PM10 emission rate for the Thermal Sand Reclaim System, Process P11 (Dust Collector C05) of 0.565 lb/ton of sand throughput, in violation of Part 70 Permit No.: T 091-29549-00018, Condition No.: D.2.1(r) and 326 IAC 2-2 (PSD BACT Limit).

 

j.        Pursuant to Part 70 Permit No.: T091-29549-00018, Condition No.: C.15(a), when the results of a stack test performed in conformance with Section C – Performance Testing, of this permit exceed the level specified in any condition of this permit, Respondent shall submit a description of its response actions to IDEM, OAQ, no later than seventy-five (75) days after the date of the test.

 

Respondent failed to submit a description of its response actions within seventy-five (75) days to IDEM, OAQ, for the non-compliant stack test of the Thermal Sand Reclaim System, Process P11 (Dust Collector C05), performed on May 21, 2013, in violation of Condition No.: C.15(a) of Part 70 Permit No.: T 091-29549-00018.

 

k.       Pursuant to Part 70 Permit No.: T 091-29549-00018, Condition No.: D.2.1 (q) and 326 IAC 2-2 (PSD BACT Limit), Respondent is required to limit Particulate Matter (PM) emissions from the Thermal Sand Reclamation System, Process P11 Dust Collector C05) to 0.412 lb/ton of sand throughput.

 

Testing performed by Respondent on March 31, 2014, demonstrated a measured PM emissions rate for the Thermal Sand Reclaim System, Process P11 (Dust Collector C05) of 1.567 lb/ton of sand throughput, in violation of Part 70 Permit No.: T 091-29549-00018, Condition No.: D.2.1(q) and 326 IAC 2-2 (PSD BACT Limit).

 

l.        Retesting performed by Respondent on March 31, 2014, demonstrated a measured PM10 emission rate for the Thermal Sand Reclaim System, Process P11 (Dust Collector C05) of 0.66 lb/ton of sand throughput, in violation of Part 70 Permit No.: T 091-29549-00018, Condition No.: D.2.1(r) and 326 IAC 2-2 (PSD BACT Limit).

 

m.      Respondent failed to submit a description of its response actions within seventy-five (75) days to IDEM, OAQ, for the non-compliant stack tests of the Thermal Sand Reclaim System, Process P11 (Dust Collector C05), performed on March 31, 2014, in violation of Part 70 Permit No.: T091-29549-00018, Condition No.: C.15(a).

 

7.               Respondent reported to IDEM that the ATI Casting Services – La Porte County site will permanently close by October 1, 2014.

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 the statutes, rules, and permit conditions listed in the findings above at issue.

 

3.               As of October 1, 2014, TDY Industries, LLC, d/b/a ATI Casting Service will no longer operate at 300 Philadelphia Street, in La Porte, La Porte County, Indiana (Site).

 

4.               Respondent is assessed and agrees to pay a civil penalty of Fifty-seven Thousand Dollars ($57,000). 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

Office of Legal Counsel

IGCN, Rm N1307

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 permits 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 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 Respondent has complied with all terms and conditions of this Agreed Order and IDEM issues a Resolution of Case letter to Respondent.

 

 

TECHNICAL RECOMMENDATION:

 

RESPONDENT:

Department of Environmental Management

 

TDY Industries, LLC d/b/a ATI Casting Service

 

 

 

By:

 

 

By:

 

 

, Chief

 

Printed:

 

 

Compliance and Enforcement Section

 

Title:

 

 

Office of Air Quality

 

 

 

Date:

 

 

Date:

 

 

 

 

 

 

 

 

 

 

 

COUNSEL FOR RESPONDENT:

 

 

 

 

 

 

 

 

 

By:

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Date:

 

 

 

 

 

 

APPROVED AND ADOPTED BY THE INDIANA DEPARTMENT OF ENVIRONMENTAL

MANAGEMENT THIS

 

DAY OF

 

, 2015.

 

 

For the Commissioner

 

 

 

Signed on March 18, 2015

 

Keith Baugues, Assistant Commissioner

 

Office of Air Quality

 

Indiana Department of Environmental Management