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STATE OF
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BEFORE THE
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COUNTY OF
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ENVIRONMENTAL
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COMMISSIONER
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OF
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Complainant, |
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Case Nos. 2021-28157-A |
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2019-26611-A |
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LONE STAR
INDUSTRIES, INC. d/b/a |
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BUZZI UNICEM
USA, |
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Respondent. |
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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 Lone Star Industries, Inc. d/b/a Buzzi Unicem USA (“Respondent”),
which owns and operates the stationary portland
cement manufacturing plant with Plant I.D. No. 133-00002 located at 3301 South
County Road 150 West in Greencastle, Putnam 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”) for case no. 2019-26611-A on July 22, 2022
and in conjunction with this Agreed Order for case no. 2021-28157-A via Certified
and Electronic Mail to:
Massimo Toso, President Corporation Service Company,
Lone Star
Industries, Inc. Registered Agent
100 Brodhead
Rd., Suite 230 135 North Pennsylvania, Suite 1610
Bethlehem, PA
18017 Indianapolis, IN 46204
sop@cscglobal.com
5.
During
an investigation including an inspection conducted on September 27, 2021 by a representative of IDEM, the following violations
identified in case no. 2021-28157-A were found:
a.
Pursuant
to Part 70 Operating Permit No. 133-41298-00002 (“Permit 41298”) Condition
D.1.16, in order to determine compliance with Conditions D.1.1, D.1.2, and
D.1.3, the water mist spray systems associated with the quarry activities, coal
mill operation, kiln operation, and raw material sizing activities shall be
operated on an as-needed basis while its associated equipment is in operation
and the temperature is above 35 degrees Fahrenheit (35°F).
During the
September 27, 2021 inspection, Respondent failed to
operate the water mist spray systems for both the primary and secondary crusher
systems, in violation of Permit 41298 Condition D.1.16.
b.
Pursuant
to 326 IAC 2-7-10.5, an owner or operator of a Part 70 source proposing to construct
new emission units, modify existing emission units, or otherwise modify the
source as described in this section shall submit a request for a modification
approval in accordance with this section.
Pursuant to 326 IAC 2-7-12, an owner or operator of a Part
70 source must submit a permit application prior to operation of regulated
emission units.
Respondent failed to submit a permit application prior to
the construction and operation of new emission units associated with the secondary
crusher system, in violation of 326 IAC 2-7-10.5 and 326 IAC 2-7-12.
c.
Pursuant
to Permit 35884 Condition D.1.13 and corresponding conditions in subsequent
permits, in order to assure compliance with Conditions D.1.1, D.1.2, and D.1.3,
the baghouses for particulate control associated with the raw material sizing
activities, the coal mill operation, the gypsum material handling process, the
raw material ball mill operation, clinker cooler operations, the fly ash
storage activities, the dust collector and bin vent filter for the truck
unloading, pneumatic transfer operations, the finish mill operations, the
cement storage, loading, and packing activities, the blend facility, and the
packhouse operations shall be in operation and control emissions from the
facilities at all times when the facilities are in operation.
Respondent failed to operate the following controls while
their associated processes were operating: 220L/222L on January 3, 4, 10, and
31, 2020; 500L on January 4 and 31, 2020; 273L on February 10, 2020; 50DC/53DC
on February 4, 2021; and 506L from August 4 through 13, 2021, in violation of
Permit Condition D.13 and corresponding conditions in subsequent permits.
d.
Pursuant
to Permit 35884 Condition D.1.21 and corresponding conditions in subsequent
permits, visible emission notations of raw material baghouse/dust collector
exhausts (208L, 208L1, 209L, 210L, 202320, 202345, and 202380), raw material
ball mill operation (350L, 352L), the fly ash storage activities (274L, 270L,
271L, 273L and 319L), coal mill operation stack exhausts (420L1, 420L2, 435L,
436L, 438L), the kiln operations (403L, 483L, 480L), excluding the kiln exhaust
stack (3-1), clinker cooler operation stack exhausts (406L, 506L, 220L, 503L,
503L1, and 221L), the finish mill operations, the cement storage, loading, and
packaging activities, the blend facility, and the packhouse operations stack
exhausts shall be performed once per day during normal daylight operations.
Pursuant to 40 CFR 63.1350(f)(1)(i), if you are subject to
a limitation on opacity under §63.1345, you must conduct required opacity
monitoring in accordance with the provisions of paragraphs (f)(1)(i) through
(vii) of this section and in accordance with your monitoring plan developed
under §63.1350(p). You must also develop an opacity monitoring plan in
accordance with paragraphs (p)(1) through (4) and paragraph (o)(5), if
applicable, of this section. (1)(i) You must conduct a monthly 10-minute
visible emissions test of each affected source in accordance with Method 22 of
appendix A-7 to part 60 of this chapter. The performance test must be conducted
while the affected source is in operation.
Respondent failed to conduct daily and monthly visible
emission notations on multiple occasions from January 1, 2020
to December 31, 2021 for various subject units, in violation of Permit 35884
Condition D.1.21 and corresponding conditions in subsequent permits, and 40
CFR63.1350(f)(1)(i).
e.
Pursuant
to Permit 35884 Condition D.1.22 and corresponding conditions in subsequent
permits, the Permittee shall record the pressure drop across the baghouses used
in conjunction with the operations listed at least once per day when those
processes are in operation.
Respondent failed to record the pressure drop across the
subject baghouses at least once a day on multiple days from January 1, 2020 to December 31, 2021, in violation of Permit 35884
Condition D.1.22 and corresponding conditions in subsequent permits.
f.
Pursuant
to Permit 35884 Condition C.5, Respondent shall not allow fugitive dust to
escape beyond the property line or boundaries of the property, right-of-way, or
easement on which the source is located, in a manner that would violate 326 IAC
6-4 (Fugitive Dust Emissions).
Respondent allowed fugitive dust to escape the property
line on March 30, 2021, in violation of Permit 35884 Condition C.5.
6.
Based
on the Notice of Violation issued to the Respondent on July 22, 2022, case no.
2019-26611-A contains the following violations:
a. Pursuant to 40 CFR 61.354(c), An owner or operator subject to
the requirements in § 61.349 of this subpart shall install, calibrate,
maintain, and operate according to the manufacturer's specifications a device
to continuously monitor the control device operation as specified.
Respondent failed to operate the carbon
adsorption system according to manufacturer specification on two (2) occasions,
June 16, 2019 and June 19, 2019, in violation of 40
CFR 61.354(c).
b.
Pursuant
to Permit 35884 condition C.6, fugitive particulate matter emissions shall be
controlled according to the fugitive dust plan.
Respondent
failed to control fugitive dust according to their fugitive dust plan a total
of seven (7) times during second (2nd) quarter 2019,
in violation of Permit 35884 condition C.6.
c.
Pursuant
to Permit 35884 condition D.1.21, visible emission notations of raw material
baghouse/dust collector exhausts (208L, 208L1, 209L, 210L, 202320, 202345, and
202380), raw material ball mill operation (350L, 352L), the fly ash storage
activities (274L, 270L, 271L, 273L and 319L), coal mill operation stack
exhausts (420L1, 420L2, 435L, 436L, 438L), the kiln operations (403L, 483L,
480L), excluding the kiln exhaust stack (3-1), clinker cooler operation stack
exhausts (406L, 506L, 220L, 503L, 503L1, and 221L), the finish mill operations,
the cement storage, loading, and packaging activities, the blend facility, and
the packhouse operations stack exhausts shall be performed once per day during
normal daylight operations.
Respondent
failed to perform visible emission notations from various subject processes on
twenty-five (25) days from April 1, 2019 to June 30,
2019, in violation of Permit 358848 condition D.1.21.
d.
Pursuant
to Permit 35884 condition D.1.22(a), Respondent shall record the pressure drop
across the baghouses at least once per day when those processes are in
operation.
Respondent
failed to record the pressure drop across the baghouses on eleven (11) days
from April 1, 2019 to June 30, 2019, in violation of
Permit 35884 condition D.1.22(a).
e.
Pursuant
to Permit 35884 condition D.1.16, the water mist spray systems associated with
the quarry activities, coal mill operation, kiln operation, and raw material
sizing activities shall be operated on an as-needed basis while its associated
equipment is in operation and the temperature is above 35 degrees Fahrenheit
(35°F).
During the
inspection which occurred on September 27, 2019, Respondent failed to operate
the water mist spray system to control particulate emissions, in violation of
Permit 35884 condition D.1.16.
f.
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, subpart A as follows: (1) As required by §63.10(d)(2), the
owner or operator shall report the results of performance tests as part of the
notification of compliance status (“NOCS”).
Respondent
failed to submit complete NOCS reports for second (2nd) quarter 2019, in
violation of 40 CFR 63.1354(b).
g.
Pursuant
to 40 CFR 63.1350(f)(1)(i), if you are subject to a limitation on opacity under
§63.1345, you must conduct required opacity monitoring in accordance with the
provisions of paragraphs (f)(1)(i) through (vii) of this section and in
accordance with your monitoring plan developed under §63.1350(p). You must also
develop an opacity monitoring plan in accordance with paragraphs (p)(1) through
(4) and paragraph (o)(5), if applicable, of this section. (1)(i) You must
conduct a monthly 10-minute visible emissions test of each affected source in
accordance with Method 22 of appendix A-7 to part 60 of this chapter. The
performance test must be conducted while the affected source is in operation.
Respondent failed to perform monthly
VE’s subject to this rule three (3) months between two different affected units
during second (2nd) quarter 2019, in violation of 40 CFR 63.1350(f)(1)(i).
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 Part 70 Operating
Permit 133-41298-00002 unless superseded by modification or renewal.
3.
Within sixty (60) days of the effective date,
Respondent shall comply with 326 IAC 2-7-10.5 and 326 IAC 2-7-12. Specifically,
Respondent shall submit a permit application to permit the new equipment
associated with the secondary crusher.
4.
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
5.
Pursuant to IC 13-30-4-1, Respondent is
assessed and agrees to pay a civil penalty of Ninety-Eight Thousand Four
Hundred Dollars ($98,400.00). 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.”
6.
In the event the terms and conditions of the
following paragraphs are violated, Complainant may assess
and Respondent shall pay stipulated penalties in the following amounts:
Paragraph
Violation Stipulated Penalty
3
Failure to submit $500 per week
Permit application
7.
Stipulated penalties shall be due and payable
no later than the thirtieth day after Respondent receives written notice that
Complainant has determined a stipulated penalty is due; the thirtieth day being
the “Due Date.” Complainant may notify Respondent at any time that a stipulated
penalty is due. Failure to notify Respondent in writing in a timely manner of a
stipulated penalty assessment shall not waive Complainant’s right to collect
such stipulated penalty or preclude Complainant from seeking additional relief
against Respondent for violation of this Agreed Order. Neither assessment nor
payment of stipulated penalties shall preclude Complainant from seeking
additional relief against Respondent for a violation of this Agreed Order; such
additional relief includes any remedies or sanctions available pursuant to
Indiana law, including, but not limited to, civil penalties pursuant to IC
13-30-4.
8.
Civil and stipulated 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
9.
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 8, above.
10.
Signatories to this Agreed Order certify that
they are fully authorized to execute this Agreed Order and legally bind the
party they represent.
11.
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.
12.
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.
13.
Respondent shall ensure that all contractors,
firms, and other persons performing work under this Agreed Order comply with
the terms of this Agreed Order.
14.
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.
15.
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.
16.
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.
17.
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.
18.
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.
19.
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.
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TECHNICAL
RECOMMENDATION: |
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RESPONDENT: |
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Department
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Lone Star Industries, Inc. d/b/a Buzzi Unicem
USA |
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David
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Enforcement
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Office
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COUNSEL
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COUNSEL
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For
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APPROVED
AND ADOPTED BY THE INDIANA DEPARTMENT OF ENVIRONMENTAL |
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MANAGEMENT THIS |
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For
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Signed
on April 20, 2023 |
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Matthew
Stuckey |
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Assistant
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Office
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Department of Environmental Management |
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