Case No. 2016-24089-A





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.




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 Essroc Cement Corporation, now known as Lehigh Hanson EEC, Inc. (“Respondent”), which owns the stationary portland cement manufacturing plant with Plant ID No. 017-00005, located at 3084 West County Road 225 South, in Logansport, Cass County, Indiana (“Site”).  Respondent also operated the Site prior to May 1, 2017, on which date Lehigh Cement Company LLC became the operator of the 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 16, 2017 via Certified Mail to:

Jonathan Morrish, President

Corporation Service Co., Registered Agent

Lehigh Cement Company, LLC

135 N. Pennsylvania Street

300 E. John Carpenter Freeway

Suite 1610

Irving, TX 75062

Indianapolis, IN 46204


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


a.       Pursuant to 40 CFR 63.1350(b), sources will use a PM CPMS to establish a site-specific operating limit corresponding to the results of the performance test demonstrating compliance with the PM limit.  Within 30 days of the exceedance or at the time of the annual compliance test, whichever comes first, conduct a PM emissions compliance test to determine compliance with the PM emissions limit and to verify or re-establish the PM CPMS operating limit within 45 days.

Respondent failed to conduct a test within 30 days for the Clinker Cooler #1 and Clinker Cooler #2 combined stack to re-establish the site specific operating limit after exceeding the operating limits, in violation of 40 CFR 63.1350(b).


b.       Pursuant to 40 CFR 63.1354(b), the owner or operator of an affected source shall comply with the reporting requirements specified in §63.10 of the general provisions of this part 63, as required by §63.10(e)(3), the owner or operator of an affected source equipped with a continuous emission monitor shall submit an excess emissions and continuous monitoring system performance report for any event when the continuous monitoring system data indicate the source is not in compliance with the applicable emission limitation or operating parameter limit.

Respondent failed to report exceeding its 30-day rolling average for its PM CPMS operating limit for the combined Clinker Cooling #1 and Clinker Cooling #2 combined stack, in violation of 40 CFR 63.1354(b).


c.        Pursuant to 40 CFR 63.1209(j), to remain in compliance with the destruction and removal efficiency (DRE) standard, you must establish operating limits during the comprehensive performance test (or during a previous DRE test under provisions of §63.1206(b)(7)), and comply with those limits at all times that hazardous waste remains in the combustion chamber.

Respondent reported that on June 10, 2016, it failed to activate the automatic waste feed cutoff upon exceeding kiln hazardous waste feed limit for 3 hours, in violation of 40 CFR 63.1209(j).


d.       Pursuant to 40 CFR 63.1343, Table 1, emissions for an existing clinker cooler at a major or area source is limited to 0.07 pounds of PM per ton of clinker produced.

Based on a stack test conducted July 28, 2016, Clinker Cooler 1and Clinker Cooler 2 failed to demonstrate compliance with the 0.07 pounds of PM per ton of clinker produced, in violation of 40 CFR 63.1343, Table 1.


6.             Respondent demonstrated initial compliance with the 0.07 pound PM per ton of clinker produced for Clinker Cooler #1 and Clinker Cooler #2 on August 18, 2015.


7.             Respondent demonstrated compliance with the 0.07 pound PM per ton of clinker produced for during a retest of Clinker Cooler #1 and Clinker Cooler #2 on October 26, 2016.


8.             In recognition of the settlement reached, Respondent waives any right to administrative and judicial review of this Agreed 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 number 017-37759-00005, unless superseded by a permit modification or renewal.


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


Matthew Chaifetz, Senior 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 Fourteen Thousand Four Hundred Dollars ($14,400.00).  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:


IDEM Office of Legal Counsel

IGCN, Rm  N1307

100 N Senate Ave

Indianapolis, IN  46204


6.             This Agreed Order shall apply to and be binding upon Respondent and his/her/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.


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.






Department of Environmental Management


Lehigh Hanson EEC, Inc.










David P. McIver, Chief





Enforcement Section





Office of Air Quality
























































, 2017.



For the Commissioner




Signed on October 2, 2017


Keith Baugues, Assistant Commissioner


Office of Air Quality


Indiana Department of Environmental Management