STATE OF
INDIANA |
) |
SS: |
BEFORE THE
INDIANA DEPARTMENT OF |
||||
|
) |
|
|
||||
COUNTY OF
MARION |
) |
|
ENVIRONMENTAL
MANAGEMENT |
||||
|
|||||||
COMMISSIONER
OF THE DEPARTMENT |
) |
|
|||||
OF
ENVIRONMENTAL MANAGEMENT, |
|
) |
|
||||
|
|
) |
|
||||
Complainant, |
|
) |
|
||||
|
|
) |
|
||||
|
v. |
|
) |
Case No. 2019-26059-A |
|||
|
|
) |
|
||||
CROWN CORK
& SEAL USA, INC., |
|
) |
|
||||
|
|
) |
|
||||
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 Crown Cork & Seal USA, Inc. (“Respondent”), which owns and operates the stationary
punch press, printing, and sheet coating operation for the purpose of
fabricating metal cans, crowns, and other miscellaneous metal container parts
with Plant ID No. 107-00004, located at 400 North Walnut Street, in Crawfordsville,
Montgomery 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 31, 2022 via Electronic
Mail to:
Crown Cork & Seal USA, Inc. Attn:
Alfred J. Dermody, Secretary 770 Township Line Road Yardley, Pennsylvania 19067 alfred.dermody@crowncork.com |
C T Corporation System, Registered Agent 334 North Senate Avenue, Indianapolis, Indiana 46204 wkuslawdept@wolterskluwer.com |
5.
During
an investigation including an inspection on February 28, 2019
conducted by a representative of IDEM, the following violations were found:
a.
Pursuant
to Part 70 Operating Permit No. 107-34056-00004 (“Permit”) Conditions D.1.10,
D.3.7, and D.4.7, Respondent shall operate thermal oxidizer RTO1 at or above
the 3-hour rolling average temperature as observed during the most recent
compliance stack test and take reasonable response steps when any 3-hour
rolling average temperature is less than the temperature established during the
most recent compliance stack test.
From June 2018 to February 2019, Respondent
failed
to consistently operate thermal oxidizer RTO1 at or above the 3-hour rolling
average temperature as observed during the most recent compliance stack test
and no reasonable response steps were taken to get the operating temperature
back into compliance, in
violation of Permit
Conditions D.1.10, D.3.7, and D.4.7.
b.
Pursuant
to Permit
Conditions D.1.11(d), D.3.8(c), and D.4.8(c), Respondent shall maintain a record of the continuous
temperature records on a 3-hour rolling average basis for thermal
oxidizer RTO1 and the
hourly average temperature used to demonstrate compliance during the most
recent compliance stack test including a record of when a temperature reading
is not taken and the reason for the lack of a temperature reading.
From September
2017 through February 2019, Respondent failed to consistently maintain a record
of the continuous temperature records on a 3-hour rolling average basis for
thermal oxidizer RTO1 including a record of when a temperature reading is not
taken and the reason for the lack of a temperature reading, in violation of
Permit Conditions D.1.11(d), D.3.8(c), and D.4.8(c).
c.
Pursuant
to Permit
Condition D.1.11(d) and D.5.8(c),
Respondent shall maintain a record of the continuous temperature records on a
3-hour rolling average basis for thermal oxidizer TO2 and the hourly average temperature used to demonstrate
compliance during the most recent compliance stack test including a record of
when a temperature reading is not taken and the reason for the lack of a
temperature reading.
From September
2017 through February 2019, Respondent failed to consistently maintain a record
of the continuous temperature records on a 3-hour rolling average basis for
thermal oxidizer TO2 including a record of when a temperature reading is not
taken and the reason for the lack of a temperature reading, in violation of
Permit Conditions D.1.11(d) and D.5.8(c).
d.
Pursuant
to Permit
Condition D.5.6, Respondent
shall
observe the duct pressure at least once per day when thermal oxidizer TO2 is in
operation; the duct pressure shall be maintained within the normal range as
established during the latest compliance stack test; and reasonable response
steps shall be taken when the duct pressure is outside the range established
during the latest compliance stack test.
From September
2017 through February 2019, Respondent failed to maintain the duct pressure for
thermal oxidizer TO2 within the normal range and no reasonable response steps
were taken to get the operating duct pressure back into compliance, in
violation of Permit Condition D.5.6.
6.
On
April 12, 2019, Respondent changed the thermal oxidizer set-point temperature for
RTO1 to 1708°F, which is the same as the 3-hour rolling average temperature
observed during the most recent compliance stack test. On August 17, 2019, Respondent
submitted additional documentation to verify that the Respondent was
maintaining appropriate temperature and duct pressure data.
7.
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 the permit
conditions listed in the findings of fact above.
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 Twenty-Seven Thousand Four
Hundred Dollars ($27,400.00). Said
penalty amount shall be due and payable to the Environmental Management Special
Fund within thirty (30) days of the Effective Date; the 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 violations 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 |
|
Crown Cork
& Seal USA, Inc. |
|||||
|
|
|
|||||
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 |
|
,
2022. |
|||
|
|||||||
|
For
the Commissioner: |
||||||
|
|
||||||
|
Signed
on March 1, 2022 |
||||||
|
Matthew
Stuckey |
||||||
|
Assistant
Commissioner |
||||||
|
Office
of Air Quality Indiana
Department of Environmental Management |
||||||