|
STATE OF
INDIANA |
) |
SS: |
BEFORE THE
INDIANA DEPARTMENT OF |
||||
|
|
) |
|
|
||||
|
COUNTY OF
MARION |
) |
|
ENVIRONMENTAL
MANAGEMENT |
||||
|
|
|||||||
|
COMMISSIONER
OF THE DEPARTMENT |
) |
|
|||||
|
OF
ENVIRONMENTAL MANAGEMENT, |
|
) |
|
||||
|
|
|
) |
|
||||
|
Complainant, |
|
) |
|
||||
|
|
|
) |
|
||||
|
|
v. |
|
) |
||||
|
|
|
) |
|
||||
|
SRT
INVESTMENTS, LLC dba SRT ALUMINUM, |
|
) ) |
|
||||
|
|
|
) |
|
||||
|
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 IC
13-13-1-1.
2.
Respondent
is SRT Investments, LLC dba SRT Aluminum, which owns and operates the
stationary aluminum metal scrap shredding facility and stationary aluminum
trading and processing source producing sows and ingots with Plant ID No.
169-00066, located at 50 Dimension Avenue, in Wabash, Wabash 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”) via Electronic Mail to:
|
SRT Aluminum |
Bruce Warshauer,
Registered Agent |
|
Attn: Joe Rosengarten, COO |
50 Dimension Ave. |
|
50 Dimension Ave. |
Wabash, IN 46992 |
|
Wabash, IN 46992 jrosengarten@srtaluminum.com |
BWarshauer@srtaluminum.com |
5.
During
an investigation conducted by representatives of IDEM, the following violation were
found:
a.
Pursuant
to Federally Enforceable State Operating Permit (“FESOP”) 169-40180-00066
Condition D.1.6(a), the baghouse for particulate control shall be in operation at all times
that the aluminum scrap shredder (EU1) is in operation.
Respondent failed to operate the baghouse controlling particulate emissions
from the aluminum scrap shredder (EU1) from February 12, 2019 through September
26, 2019 while the shredder was in operation, in violation of FESOP 169-40180-00066
Condition D.1.6(a).
b.
Pursuant
to FESOP 169-40180-00066 Condition D.1.6(a), the baghouse for particulate
control shall be in operation at all times
that the natural gas-fired reverberatory furnace identified as RMF-2 is in
operation.
Respondent failed to operate the baghouse controlling the natural gas-fired
reverberatory furnace identified as RMF-2 on February 15, 2020 while the
furnace was in operation, in violation of FESOP 169-40180-00066 Condition
D.1.6(a).
c.
Pursuant
to 40 CFR 63.1510(h)(1), the owner or operator must install, calibrate, maintain and operate a
device to continuously monitor and record the temperature of the fabric filter
inlet gasses consistent with the requirements for continuous monitoring in subpart
A of this part.
Respondent failed to have a continuous temperature monitoring system until May
31, 2019, in violation of 40 CFR 63.1510(h)(1).
d.
Pursuant
to 40 CFR 63.1510(j)(4), the owner or operator must calculate and record the
total reactive flux injection rate for each operating cycle or time period used in the
performance test.
Respondent failed to record flux usage based on performance testing, in
violation of 40 CFR 63.1510(j)(4).
7.
In
February 2019, Respondent installed new BLDSs with visual and audible alarms
for the furnace baghouses. In May 2019, Respondent
also added digital monitoring of pressure drops and temperatures at the
baghouses.
8.
In
October and November 2018, Respondent updated the method for visual emission
notation recordkeeping and training of operators. Respondent also added a requirement for
manager review of records.
9.
By
June 2019, Respondent installed new hoods and elevated dross pans at the
reverberatory furnaces.
10.
By
September 2020, Respondent completed the installation new hoods and elevated
dross pans and fixed duct leaks at the electric induction furnaces.
11.
Respondent
has replaced 20 of 40 baghouse shaker arms to improve the efficiency of
baghouse cleaning. Respondent will
replace, as opportunities arise, the remaining baghouse shaker arms.
12.
Respondent
is in the process of installing an automated, continuous lime injection system
for the reverberatory furnace baghouse(s).
13.
Respondent
modified its scrap handling and melting policies to direct dirtier scrap to the
reverb furnaces.
14.
In
April 2020, Respondent updated it Operation, Maintenance and Monitoring
(“OM&M”) Plan.
15.
At
the time of the February 15, 2019 baghouse fire, Respondent ceased charging and
shutdown the furnace.
16.
Following
the February 15, 2019 baghouse fire, Respondent replaced all the bags, inspected and repaired any damage and conducted dye testing
prior to restarting the unit.
17.
As
of February 2020, Respondent improved the procedures for flux usage and
reporting.
18.
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 Federally Enforceable
State Operating Permit 169-42067-00066, unless superseded by a permit
modification or renewal.
3.
All submittals required by this Agreed Order,
unless IDEM notifies the Respondent otherwise in writing, shall be sent to:
Matthew
Chaifetz, Senior Enforcement Case Manager
Office of Air Quality
Indiana
Department of Environmental Management
100 North
Senate Avenue
Indianapolis,
IN 46204-2251
mchaifet@idem.IN.gov
4.
Pursuant to IC 13-30-4-1, Respondent is
assessed and agrees to pay a civil penalty of Thirty Thousand One Hundred Eighty-Seven
Dollars and Fifty Cents ($30,187.50). Said
penalty amount shall be due and payable to the Environmental Management Special
Fund within thirty (30) days of the Effective Date; the thirtieth 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, Room
1340
100 North
Senate Avenue
Indianapolis,
IN 46204
6.
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.
7.
Signatories to this Agreed Order certify that
they are fully authorized to execute this Agreed Order and legally bind the
party they represent.
8.
This Agreed Order shall apply to and be binding
upon Respondent and all successors and assigns. Respondent shall provide a copy
of this Agreed Order, if in force, to any subsequent owners, successors, or
assigns before ownership rights are transferred.
9.
No change in ownership, corporate, or
partnership status of Respondent shall in any way alter the Respondent’s status
or responsibilities under this Agreed Order.
10.
Respondent shall ensure that all contractors,
firms, and other persons performing work under this Agreed Order comply with
the terms of this Agreed Order.
11.
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.
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 the obligation
to comply with the requirements of any applicable permits or any applicable
Federal or State laws or regulations.
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 violation specified in the NOV.
15.
Nothing in this Agreed Order shall prevent IDEM
or anyone acting on its behalf from communicating with the U.S. Environmental
Protection Agency (“U.S. 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 U.S. EPA or any
other agency or entity.
16.
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 |
|
SRT Investments, LLC dba SRT Aluminum |
|||||
|
|
|
|
|||||
|
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 February 12, 2021 |
||||||
|
|
Matthew
Stuckey |
||||||
|
|
Assistant
Commissioner |
||||||
|
|
Office
of Air Quality Indiana
Department of Environmental Management |
||||||