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. 2019-26609-A
					)
PREMIER MAGNESIA, LLC D/B/A GILES CHEMICAL,					)
					)
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 Premier Magnesia, LLC d/b/a Giles Chemical (“Respondent”), which owns and operates the stationary magnesium sulfate (Epsom Salt) manufacturing facility with Plant ID No. 029-00049, located at 200 Brown Street, in Greendale, Dearborn 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 Certified and Electronic Mail to:

Premier Magnesia, LLC d/b/a Giles Chemical	Corporation Service Company, Registered Agent
Attn: Jim Hill, President	135 North Pennsylvania Street,
75 Giles Place,	Suite 1610
Waynesville, NC 28786	Indianapolis, Indiana 46204
	sop@cscglobal.com

5. During an investigation including an inspection on October 24, 2019 conducted by a representative of IDEM, the following violations were found:

a. Pursuant to Federally Enforceable State Operating Permit (“FESOP”) No. 029-40226-00049 (“Permit”) condition D.2.7, Respondent shall take reasonable response steps when the pressure drop readings across wet scrubber WS-1 are outside the six (6) to seven (7) inches of water range.

From November 8, 2018 through October 24, 2019, Respondent failed to take the reasonable response steps listed in Permit condition C.15 when the pressure drop readings across wet scrubber WS-1 were outside the six (6) to seven (7) inches of water range, in violation of Permit condition D.2.7.

b. Pursuant to environmental rule 326 IAC 2-5.1-3(a), prior to beginning construction of an emission unit which has potential emissions of twenty-five (25) tons or more per year of any of the regulated pollutants specified in 326 IAC 2-5.1-3(a)(1)(E)(i) through 326 IAC 2-5.1-3(a)(1)(E)(viii), a new source must obtain a construction permit.

In July 2018, Respondent began construction of a stationary magnesium sulfate (Epsom Salt) manufacturing facility without first obtaining a construction permit, in violation of 326 IAC 2-5.1-3(a).

c. Pursuant to environmental rule 326 IAC 2-7-2, any major source is required to obtain an operating permit prior to the operation of equipment that produces regulated emissions.

On November 8, 2018, Respondent began operation of a stationary magnesium sulfate (Epsom Salt) manufacturing facility without first obtaining an operation permit, in violation of 326 IAC 2-7-2.

6. On February 28, 2020, IDEM issued FESOP No. 029-42484-00049, which replaced the pressure drop compliance monitoring requirements for wet scrubber WS-1 with visible emission notations of stack exhausts for wet scrubber WS-1.

7. On November 7, 2018, IDEM issued FESOP No. 029-40226-00049. On January 11, 2019, Respondent submitted the Affidavit of Construction. IDEM authorized operation of equipment constructed under FESOP No. 029-40226-00049 on February 11, 2019.

8. 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 FESOP No. 029-42960-00049 unless superseded by a permit renewal or revision.

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

Jennifer Bailey, Senior Enforcement Case Manager

Office of Air Quality

Indiana Department of Environmental Management

100 North Senate Avenue

Indianapolis, IN 46204-2251

Jbailey2@idem.in.gov

4. Pursuant to IC 13-30-4-1, Respondent is assessed and agrees to pay a civil penalty of Nine Thousand Two Hundred Dollars ($9,200.00). 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			Premier Magnesia, LLC d/b/a Giles Chemical
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 August 11, 2021
			Matthew Stuckey
			Assistant Commissioner
			Office of Air Quality Indiana Department of Environmental Management