STATE 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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2021-27599-A |
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MATALCO
BLUFFTON LLC, |
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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 Matalco Bluffton LLC, which owns and operates the
stationary aluminum scrap melting facility with Plant ID No. 179-00036, located
at 1390 South Adams Street, in Bluffton, Wells 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”) to:
Matalco Bluffton LLC Corporation Service
Company,
Attn: Joseph
Caruso, Manager Registered
Agent
1 Kenview Blvd., Suite 301 135
N. Pennsylvania St., Suite 1610
Brampton, ON
L6T 5E6, Canada Indianapolis,
IN 46204
jcaruso@alexinllc.com sop@cscglobal.com
5.
During
an investigation conducted by a representative of IDEM, the following violations
were found:
Pursuant to
Case No. 2020-27321-A, based on an Enforcement Action Letter issued on August
24, 2020, IDEM alleges the following violation:
a. Pursuant to Part 70 Permit
179-42312-00036, Condition D.1.4(a), in order to
assure compliance with Conditions D.1.1 and D.1.2, the baghouse shall be in
operation and control emissions from melting furnace EU01 at all times that
EU01 is in operation.
Between July 10, 2020 and July 22, 2020, the baghouse was not in operation
and controlling emissions at all times when melting furnace EU01 was in
operation, in violation of Part 70 Permit 179-42312-00036, Condition D.1.4(a).
Pursuant to Case No. 2021-27599-A, based
on an Enforcement Action Letter issued on January 7, 2021, IDEM alleges the
following violations:
b. Pursuant to Part 70 Permit 179-42312-00036, Condition
D.1.4(a), in order to assure compliance with
conditions D.1.1 and D.1.2, the baghouse shall be in operation and control
emissions from melting furnace EU01 at all times that EU01 is in operation.
Between November 21 and December 8,
2020, the baghouse was not in operation and controlling
emissions at all times when melting furnace EU01 was in operation, in
violation of Part 70 Permit 179-42312-00036, Condition D.1.4(a).
c. Pursuant to 40 CFR Part 63, Subpart RRR, §63.1510(f), and
Federally Enforceable State Operating Permit (“FESOP”) No. 179-31425-00036,
Condition D.1.7(b) and corresponding conditions in subsequent FESOP and Part 70
Permits, Respondent shall operate a bag leak detection system for the baghouse
used to control emissions from the holding furnace doors for holding furnace
EU02.
A bag leak detection system was not
installed for the baghouse used to control emissions from the holding furnace
doors for holding furnace EU02, in violation of 40 CFR Part 63, Subpart RRR,
§63.1510(f), and FESOP 179-31425-00036, Condition D.1.7(b) and corresponding
conditions in subsequent FESOP and Part 70 permits.
d. Pursuant to 40 CFR Part 63, Subpart RRR, §63.1510(f)(1)(v),
and FESOP 179-31425-00036, Condition D.1.7(b)(5) and corresponding conditions
in subsequent FESOP and Part 70 Permits, the bag leak detection system must be
equipped with a device to continuously record the output signal from the sensor
for melting furnace EU01.
The bag leak detection system was not
equipped with a device to continuously record the output signal from the sensor
for melting furnace EU01, in violation of 40 CFR Part 63, Subpart RRR,
§63.1510(f)(1)(v), and FESOP 179-31425-00036, Condition D.1.7(b)(5) and
corresponding conditions in subsequent FESOP and Part 70 Permits.
e. Pursuant to 40 CFR Part 63, Subpart RRR, §63.1510(b), and
FESOP 179-31425-00036, Condition D.1.7(b)(10) and corresponding conditions in
subsequent FESOP and Part 70 Permits, the Operations, Maintenance and
Monitoring Plan (“OM&M Plan”) must include information for adjusting the
sensitivity, range, averaging period, alarm set points and alarm delay time for
the bag leak detection system.
Respondent’s OM&M Plan did not
include information for adjusting the sensitivity, range, averaging period,
alarm set points and alarm delay time for the bag leak detection system, in
violation of 40 CFR Part 63, Subpart RRR, §63.1510(b), and FESOP
179-31425-00036, Condition D.1.7(b)(10) and corresponding conditions in
subsequent FESOP and Part 70 Permits.
f. Pursuant to Part 70 Permit 179-41951-00036, Conditions D.1.8
and D.1.9(b) and corresponding conditions in subsequent permits, Respondent
shall record the pressure drop across the baghouse controlling emissions from
holding furnace EU02 at least once per day when EU02 is in operation.
Respondent failed to record the pressure
drop across the baghouse controlling emissions from holding furnace EU02 at
least once per day when EU02 is in operation, in violation of Part 70 Permit
179-41951-00036, Conditions D.1.8 and D.1.9(b) and corresponding conditions in
subsequent permits.
6.
Respondent
has repaired the baghouse used to control emissions from melting furnace EU01.
7.
Respondent
has installed a bag leak detection system for the baghouse used to control
emissions from the holding furnace doors for holding furnace EU02.
8.
Respondent
has installed a device to continuously record the output signal from the sensor
for the bag leak detection system for melting furnace EU01.
9.
Respondent
has updated their OM&M plan to include information for adjusting the
sensitivity, range, averaging period, alarm set points and alarm delay time for
the bag leak detection system.
10.
Respondent
has begun recording the pressure drop across the baghouse controlling emissions
from holding furnace EU02.
11.
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 acknowledge 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
179-42312-00036 unless superseded by a renewal or revision.
3.
All submittals required by this Agreed Order,
unless IDEM notifies the Respondent otherwise in writing, shall be sent to:
Andrew Taylor,
Enforcement Case Manager
Office of Air Quality
Indiana
Department of Environmental Management
100 North
Senate Avenue
Indianapolis,
IN 46204-2251
AKTaylor@idem.IN,gov
4.
Pursuant to IC 13-30-4-1, Respondent is
assessed and agrees to pay a civil penalty of Twenty-Two Thousand Eight Hundred
Dollars ($22,800.00). 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: |
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RESPONDENT: |
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Department
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Matalco
Bluffton LLC |
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David
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Office
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COUNSEL
FOR COMPLAINANT: |
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COUNSEL
FOR RESPONDENT: |
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For
the Department of Environmental Management |
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Date: |
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APPROVED
AND ADOPTED BY THE INDIANA DEPARTMENT OF ENVIRONMENTAL |
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MANAGEMENT THIS |
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2022. |
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For
the Commissioner: |
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Signed
on April 27, 2022 |
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Matthew
Stuckey |
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Assistant
Commissioner |
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Office
of Air Quality Indiana
Department of Environmental Management |
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