STATE OF INDIANA

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SS:

BEFORE THE INDIANA DEPARTMENT OF

 

)

 

 

COUNTY OF MARION

)

 

ENVIRONMENTAL MANAGEMENT

 

COMMISSIONER OF THE DEPARTMENT

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OF ENVIRONMENTAL MANAGEMENT,

 

)

 

 

 

)

 

Complainant,

 

)

 

 

 

)

 

 

v.

 

)

Case Nos. 2022-28841-A

 

 

)

                  2023-29800-A

ARDAGH GLASS INC.,

 

)

 

 

 

)

 

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 Ardagh Glass Inc. (“Respondent”), which owns and operates the stationary glass container manufacturing plant with Plant ID No. 075-00004, located at 524 E. Center Street, in Dunkirk, Jay 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”) in conjunction with this Agreed Order via Certified and Electronic Mail to:

 

Richard Tomicek, VP                                 CT Corporation System, Registered Agent

Ardagh Glass Inc.                                       Ardagh Glass Inc.

10194 Crosspoint BLVD                            334 North Senate Ave.

Indianapolis, IN 46256                               Indianapolis, IN 46204

Richard.Tomicek@ardaghgroup.com

 

5.              During an investigation including an inspection on August 5, 2022 and report reviews conducted by a representative of IDEM, the following violations were found:

 

Based On the Enforcement Action Letter issued to Respondent on August 19, 2022, Case No. 2022-28841-A contains the following violations:

 

a.              Pursuant to Part 70 Operating Permit No. 075-39570-00004 (“Permit”) condition D.1.15(c)(2), if the sulfur dioxide continuous emission monitor (“SO2 CEMS”) is down for twenty-four (24) hours or more, the Permittee shall monitor and record the slurry recirculation pH and sorbent injection rate, to demonstrate that the operation of the semi-dry scrubber (Scrubber No. 1) continues in a manner typical for the glass produced and sulfur added to the batch materials.

 

Respondent failed to monitor the slurry recirculation pH on March 19, 2022, while the SO2 CEMS was off-line, in violation of Permit condition D.1.15(c)(2).

 

b.              Pursuant to Permit condition D.1.17(c), an annual report and an annual summary of the information to document the compliance status with condition D.1.6 - Maintenance shall be submitted not later than March 1st of the subsequent calendar of the calendar year being reported.

 

Respondent failed to submit the 2021 annual maintenance report by March 1, 2022, in violation of Permit condition D.1.17(c).

 

c.              Pursuant to Permit condition D.3.4(a), daily visible emission (“VE”) notations of the dust collectors', identified as Empire2, Trinco, and Empire1, exhaust shall be performed during normal daylight operations.

 

Respondent failed to perform VE inspections for dust collectors Empire1, Empire2, and Trinco from May 1, 2021 to May 9, 2022, in violation of Permit condition D.3.4(a).

 

d.              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 shall obtain a permit modification prior to operation of new or modified emission units.

Pursuant to 326 IAC 2-2, no new major stationary source or major modification to which the requirements of sections 3 through 5, 7, 8(a), 10, 14, and 15 of this rule apply shall begin actual construction without a permit that states that the major stationary source or major modification will meet the requirements of sections 3 through 5, 7, 8(a), 10, 14, and 15 of this rule.

 

Respondent failed to submit modification approval prior to the addition of multiple short term diesel compressors, in violation of 326 IAC 2-7-10.5, 326 IAC 2-7-12, and 326 IAC 2-2.

 

            Based on the Enforcement Action Letter issued to Respondent on November 21, 2023, Case No. 2023-29800-A contains the following violation:

 

e.              Pursuant to Permit condition D.1.9(b)(2), as required by the Consent Decree entered in United States vs. Saint-Gobain Containers, Inc., Civil Action No. 2:10-cv-00121-TSZ, (W.D. Wash.), dated May 7, 2010, Respondent shall comply with the following: the continuous emission monitoring systems (“CEMS”) for sulfur dioxide (“SO2”) installed, calibrated, maintained, and operated at the inlet and outlet of the emission control system, as required by condition D.1.9(a)(2), shall monitor continuously and record the hourly SO2 emission concentration (parts per million) during each Operating Day from Furnace No. 1 and Furnace No. 2. The CEMS shall calculate and record in units of parts per million of SO2 emitted.

 

Respondent experienced 236 hours, or 10.2% of CEMS downtime relative to 2,208 hours of operation during the third quarter of 2021, in violation of Permit condition D.1.9(b)(2).

 

6.              Respondent verified that all the unpermitted diesel compressors ceased operation on November 3, 2022, and were removed from site.

 

7.              Orders of the Commissioner are subject to administrative review by the Office of Administrative Law Proceedings 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:

 

Jennifer Bailey, 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 Sixteen Thousand Dollars ($16,000.00).  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 have 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

 

Ardagh Glass Inc.

 

 

 

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 November 6, 2024

 

Matthew Stuckey, Assistant Commissioner

 

Office of Air Quality

Indiana Department of Environmental Management