STATE OF INDIANA

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BEFORE THE INDIANA DEPARTMENT OF

 

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ENVIRONMENTAL MANAGEMENT

COUNTY OF MARION        )

 

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COMMISSIONER OF THE DEPARTMENT

 

OF ENVIRONMENTAL MANAGEMENT

 

 

 

 

 

Complainant,

 

 

 

 

v.

Case Nos. 2018-25593-A and 2019-26504-A

 

 

LEHIGH CEMENT COMPANY LLC,

 

 

 

Respondent.

 

 

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 Indiana Code (“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 Lehigh Cement Company LLC (“Respondent”), which owns and operates the Portland cement manufacturing plant with Plant I.D. No. 019-00008 located at 301 Highway 31 in Speed, Clark County, Indiana (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”) via Electronic Mail to:

Christopher Ward, President & CEO

Corporation Service Company,

Lehigh Cement Company LLC

Registered Agent

300 E. John Carpenter Freeway

135 N. Pennsylvania St, Suite 1610

Irving, Texas  75062

Chris.Ward@lehighhanson.com

Indianapolis, IN  46204

sop@cscglobal.com

 

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

 

Based on the Enforcement Action Letter issued to Respondent on September 4, 2018, case number 2018-25593-A contains the following violations:

 

a.       Pursuant to Part 70 Permit 019-38903-00008 condition D.3.6(b),Sulfur Dioxide (“SO2”) emissions from kiln #2 and associated preheater and alkali bypass shall not exceed 1.70 pounds per ton of clinker produced, based on a 30-day rolling average.

Respondent exceeded the 30-day rolling average SO2 limit 1.70 pounds per ton of clinker from kiln #2 from June 3 – 18, 2018, in violation of Part 70 Permit 019-38903-00008 condition D.3.6(b).

b.       Pursuant to Part 70 Permit 019-35535-00008 conditions D.2.11 and D.3.26 and subsequent permits with the same condition requirements, Respondent shall maintain daily records of the visible emission notations and pressure drop across each baghouse where required to do so.

In 2017 and 2018, Respondent failed to maintain numerous required daily records of visible emission notations and baghouse pressure drops, in violation of Part 70 Permit 019-35535-00008 conditions D.2.11 and D.3.26 and subsequent permits with the same condition requirement.

c.        Pursuant to 40 CFR 63 Subpart LLL, the initial compliance test to demonstrate compliance with mercury limits was extended by the U.S. Environmental Protection Agency to March 7, 2017.

Respondent failed to demonstrate compliance with the mercury limits until April 11, 2017 for Kiln #1 and June 27, 2017 for Kiln #2, in violation of 40 CFR 63 Subpart LLL.

Based on the Enforcement Action Letter issued to Respondent on September 30, 2019, case number 2019-26504-A contains the following violations:

 

d.       Pursuant to 40 CFR 63.1343(b), the emission limit for existing kilns for mercury is 55 pounds/MM tons of clinker on a 30-day rolling average.

Respondent exceeded the mercury 55 pounds/MM tons of clinker emission limit 30-day rolling average on multiple days between, January 15, 2018 through March 25, 2018, in violation of 40 CFR 63.1343(b).

 

e.       Pursuant to 40 CFR 63.1353(b)(5), Respondent shall submit notification of compliance status (“NOCS”) as required by §63.9(h).  Pursuant to 40 CFR 63.9(h), a source shall submit to the Administrator a NOCS, signed by the responsible official who shall certify its accuracy the results of any performance tests, opacity or visible emission observations, continuous monitoring systems performance evaluations, and/or other monitoring procedures or methods that were conducted.

Respondent failed to submit an updated NOCS following evaluation changing parametric monitoring, in violation of 40 CFR 63.1353(b)(5).

 

6.             Orders of the Commissioner are subject to administrative review by the Office of Environmental Adjudication under IC 4-21.5; however, in recognition of the settlement reached, Respondent acknowledges notice of this right and 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 Part 70 permit 019-37697-00008, unless superseded by a 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

mchaifet@idem.IN.gov

 

4.             Respondent is assessed and agrees to pay a civil penalty of Thirty-Four Thousand Four Hundred Dollars ($34,400.00).  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:

 

Indiana Department of Environmental Management

Accounts Receivable

IGCN, Rm  N1340

100 N Senate Ave

Indianapolis, IN  46204

 

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.

 

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 has issued a Resolution of Case letter to Respondent.

 

 

TECHNICAL RECOMMENDATION:

 

RESPONDENT:

Department of Environmental Management

 

Lehigh Cement Company LLC

 

 

 

By:

 

 

By:

 

 

David P. McIver, Chief

 

Printed:

 

 

Enforcement Section

 

Title:

 

 

Office of Air Quality

 

 

 

Date:

 

 

Date:

 

 

 

 

 

 

 

 

 

COUNSEL FOR COMPLAINANT:

 

COUNSEL FOR RESPONDENT:

For the Department of Environmental Management

 

 

 

 

 

By:

 

 

By:

 

 

 

 

 

 

 

 

 

 

 

Date:

 

 

Date:

 

 

 

 

 

 

APPROVED AND ADOPTED BY THE INDIANA DEPARTMENT OF ENVIRONMENTAL

MANAGEMENT THIS

 

DAY OF

 

, 2021.

 

 

For the Commissioner:

 

 

 

Signed on May 5, 2021

 

Matthew Stuckey

 

Assistant Commissioner

 

Office of Air Quality

Indiana Department of Environmental Management