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. 2021-27654-A
					)
UNITED STATES GYPSUM COMPANY,					)
					)
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 United States Gypsum Company (“Respondent”), which owns and operates the stationary gypsum mining operation and gypsum wallboard and plaster products manufacturing plant with Plant ID No. 101-00001, located at 12802 Deep Cut Lake Road, in Shoals, Martin 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 Mail to:

Steve Bjorklund, Director CT Corporation System,

United States Gypsum Company Registered Agent

550 W. Adams Street 334 North Senate Avenue

Chicago, IL 60661 Indianapolis, IN 46204

5. During an investigation including an inspection on January 13, 2021 conducted by a representative of IDEM, the following violations were found:

a. Pursuant to Part 70 Permit 101-40721-00001, condition D.2.14(d), Respondent shall maintain a daily record of visible emission notations of stacks 63, 65, 66, and 67. Respondent shall include in its daily record when a visible emission notation is not taken and the reason for the lack of a visible emission notation

From June 16, 2019 through January 13, 2021, Respondent failed to maintain records of daily visible emission notations of stacks 63, 65, 66, and 67, in violation of Part 70 Permit 101-40721-00001, condition D.2.14(d).

b. Pursuant to 40 CFR Part 60, Subpart OOO, Respondent shall conduct an initial performance test of the Board Plant HRA land plaster receiving bin, #5 Kettle Feed Bin, ball mill, HRA Airveyor and Receiving Bin, synthetic gypsum/waste reclaim belt, and synthetic gypsum storage bin not later than 180 days after initial startup of the affected facility.

Respondent failed to provide records of an initial performance test of the Board Plant HRA land plaster receiving bin, #5 Kettle Feed Bin, ball mill, HRA Airveyor and Receiving Bin, synthetic gypsum/waste reclaim belt, and synthetic gypsum storage bin not later than 180 days after initial startup of the affected facility, in violation of 40 CFR Part 60, Subpart OOO.

6. On January 14, 2021, Respondent began maintaining records of visible emission notations of stacks 63, 65, 66, and 67.

7. On May 12 and 13, 2021, Respondent conducted performance testing of the Board Plant HRA land plaster receiving bin, #5 Kettle Feed Bin, HRA Airveyor and Receiving Bin, synthetic gypsum/waste reclaim belt, synthetic gypsum storage bin, natural gas or fuel oil-fired impact dryer mill, and rotating screen, with the results indicating compliance.

8. On December 19 and 20, 2023, Respondent conducted performance testing of the Ball Mill, with results indicating compliance.

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 Forty-Three Thousand Five Hundred Dollars ($43,500.00). Within thirty (30) days of the Effective Date of the Agreed Order, Respondent shall pay a portion of this penalty in the amount of Ten Thousand Eight Hundred Seventy-Five Dollars ($10,875.00). 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.”

In lieu of payment to IDEM of the remaining civil penalty, Respondent shall pay Thirty-Two Thousand Six Hundred Twenty-Five Dollars ($32,625.00) to the National Park Conservation Association as a Supplemental Environmental Protect (“SEP”) to develop climate solutions that protect parks and people. Respondent shall make such payment to the National Park Conservation Association within ninety (90) days of the Effective Date of this Agreed Order. Payment of the specified amount to the National Park Conservation Association satisfies Respondent’s obligation to undertake a SEP to offset a portion of the civil penalty assessed in this matter.

In the event that Respondent does not make its SEP payment with ninety (90) days of the Effective Date of the this Agreed Order, the full amount of the civil penalty as stated in this paragraph, plus interest established by IC 24-4.6-1-101 on the remaining amount, less the portion of the civil penalty Respondent has already paid, will be due to IDEM within fifteen (15) days from Respondent’s receipt of IDEM’s notice to pay. Interest, at the rate established by IC 24-4.6-1-101, shall be calculated on the amount due from the date which is thirty (30) days after the Effective Date of this Agreed Order until the full civil penalty is paid.

Payment for the SEP is payable by check to the “National Park Conservation Association.” The text “SEP – National Park Conservation Association” and the Case Number of this action shall be included in the memo line of the check.

5. Respondent shall provide Complainant with documentation of payment to the National Park Conservation Association with one (1) week of such payment.

6. 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

7. 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.

8. Signatories to this Agreed Order certify that they are fully authorized to execute this Agreed Order and legally bind the party they represent.

9. 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.

10. 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.

11. Respondent shall ensure that all contractors, firms, and other persons performing work under this Agreed Order comply with the terms of this Agreed Order.

12. 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.

13. 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.

14. 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.

15. 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.

16. 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.

17. 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			United States Gypsum Company
By:			By:
	David P. McIver, Chief		Printed:
	Enforcement Section		Title:
	Office of Air Quality
			Date:
APPROVED AND ADOPTED BY THE INDIANA DEPARTMENT OF ENVIRONMENTAL
MANAGEMENT THIS		DAY OF		, 2024.
			For the Commissioner:
			Signed on May 13, 2024
			Matthew Stuckey, Assistant Commissioner
			Office of Air Quality Indiana Department of Environmental Management