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
ENVIRONMENTAL MANAGEMENT, |
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Complainant, |
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2021-27796-A |
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CARMEUSE
LIME, INC., |
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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 Carmeuse Lime, Inc. (“Respondent”), which owns and operates the stationary
lime manufacturing plant with Plant ID No. 089-00112, located at 1 North
Carmeuse Drive, in Gary, Lake 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:
Yves Willems,
President National
Registered Agents, Inc.
Carmeuse Lime,
Inc. Registered
Agent
11 Stanwix Street,
21st Floor 334
North Senate Avenue
Pittsburgh, PA
15222 Indianapolis,
IN 46204
(Y.Willems@carmeuse.com)
5.
During
an investigation conducted by a representative of IDEM, the following violations
were found:
a.
Pursuant
to Part 70 Permit 089-40148-00112 (“Permit 40148”), condition D.2.6(a),
Respondent shall perform PM10 testing of the Truck Flue Dust Loadout #1 (EU-17)
at least once every five (5) years from the date of the last valid compliance
demonstration.
Respondent
failed to perform PM10 testing of the Truck Flue Dust Loadout #1 (EU-17) within
five (5) years of the last valid compliance demonstration, in violation of
Permit 40148, condition D.2.6(a).
b.
Pursuant
to Permit 40148, condition D.5.5(a), Respondent shall perform PM, PM10, and
PM2.5 testing of the ROK Lime Transfer System #1 (EU-51) and ROK Lime Transfer
System #2 (EU-54) not later than 180 days after the startup of EU-51 and EU-54.
Respondent
failed to perform PM, PM10, and PM2.5 testing of EU-51 and EU-54 within 180
days of startup, in violation of Permit 40148, condition D.5.5(a).
c.
Pursuant
to Permit 40148, conditions D.2.11 and D.5.7, Respondent shall take a
reasonable response when the pressure drop across baghouses CE-6, CE-7, CE-51,
CE-54, and dust collector CE-15a is outside the normal range.
During
a compliance inspection conducted by a representative of IDEM on October 21,
2020, the instruments used for determining pressure drop across baghouses CE-6,
CE-7, CE-51, CE-54, and dust collector CE-15a were showing values outside the
normal range and Respondent did not take a reasonable response, in violation of
Permit 40148, conditions D.2.11 and D.5.7.
d.
Pursuant
to Permit 40148, condition D.5.6(a), visible emission notations of the bin
vents (CE-52 and CE-53) exhausts shall be performed once per day during normal
daylight operations.
From
February 1, 2020 through October 21, 2020, Respondent
failed to perform visible emission notations of the bin vents (CE-52 and CE-53)
exhausts once per day, in violation of Permit 40148, condition D.5.6(a).
e.
Pursuant
to Permit 40148, condition D.5.9(a), Respondent shall maintain records of daily
visible emission notations of the bin vent CE-52 stack exhausts and the bin
vent CE-53 stack exhausts.
From
February 1, 2020 through October 21, 2020, Respondent
failed to maintain records of daily visible emission notations of the bin vent
CE-52 stack exhausts and the bin vent CE-53 stack exhausts, in violation of
Permit 40148, condition D.5.9(a).
f.
Pursuant
to Permit 40148, condition B.10(b) and corresponding conditions in subsequent
permits, if required by specific condition(s) in Section D of this permit where
no PMP was previously required, the Permittee shall prepare and maintain
Preventive Maintenance Plans (PMPs) no later than ninety (90) days after
issuance of this permit or ninety (90) days after initial start-up, whichever
is later.
Respondent
failed to maintain Preventative Maintenance Plans for all emission units and
facilities as required in Sections D.1, D.2, and D.5, in violation of Permit
40148, condition B.10(b) and corresponding conditions in subsequent permits.
Based on the
Enforcement Action Letter issued to Respondent on April 12, 2021, case number
2021-27796-A contains the following violations:
g.
Pursuant
to Permit 40148, condition D.2.6(a), Respondent
shall perform PM10 testing of the Lime Handling System #1 (EU-6) and the Lime
Storage System (EU-24) at least once every five (5) years from the date of the
last valid compliance demonstration.
Respondent failed to perform PM10 testing of the Lime
Handling System #1 (EU-6) and the Lime Storage System (EU-24) within five (5)
years of the last valid compliance demonstration, in violation of Permit 40148,
condition D.2.6(a).
6.
On
March 31, 2021, Respondent performed PM10 testing of the Truck Flue Dust
Loadout #1 (EU-17) with the results indicating compliance.
7.
On
April 6, 2021, Respondent performed PM, PM10, and PM2.5 testing of the ROK Lime
Transfer System #1 (EU-51) and ROK Lime Transfer System #2 (EU-54) with the
results indicating compliance.
8.
On
October 21, 2020, Respondent began performing and maintaining records of visible emission
notations of the bin vents (CE-52 and CE-53) exhausts.
9.
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 rules and
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:
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-Seven Thousand Eight
Hundred Dollars ($27,800.00). 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 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
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
of Environmental Management |
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Carmeuse Lime, Inc. |
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By: |
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By: |
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David
P. McIver, Chief |
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Printed: |
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Enforcement
Section |
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Title: |
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Office
of Air Quality |
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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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2023. |
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For
the Commissioner: |
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Signed
on November 28, 2023 |
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Matthew Stuckey, Assistant
Commissioner |
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Office
of Air Quality Indiana
Department of Environmental Management |
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