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. 2022-28961-A
					)
ANCHOR GLASS CONTAINER CORPORATION,					)
					)
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 Anchor Glass Container Corporation (“Respondent”), which owns and operates the stationary glass container manufacturing plant with Plant ID No. 029-00007, located at 200 West Belleview Drive, in Lawrenceburg, Dearborn 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 Electronic Mail to:

Nipesh Shah, President and CEO Anchor Glass Container Corporation 3001 N Rocky Point Dr. Tampa, FL 33602 Nipesh.Shah@anchorglass.com

Corporation Service Company, Registered Agent Anchor Glass Container Corporation 135 North Pennsylvania Street, Suite 1600 Indianapolis, IN 46204 sop@cscglobal.com

5. During an investigation including an inspection and records review conducted by a representative of IDEM, the following violations were found:

a. Pursuant to Part 70 Operating Permit No. 029-43544-00007 (“Permit 43544”) Condition D.1.3, a Preventive Maintenance Plan is required for these facilities and all control devices.

Respondent failed to include Furnace #3 in the Preventative Maintenance Plan, in violation of Permit 43544 Condition D.1.3.

b. Pursuant to Permit 43544 Condition D.2.8, the instruments used for determining the pressure drop across the baghouses shall be calibrated

or replaced at least once every six (6) months.

Respondent failed to calibrate the gauges used to measure the pressure drop across baghouses, ST3 through ST11 from October 27, 2021 through July 29, 2022, in violation of Permit 43544 Condition D.2.8.

c. Pursuant to Part 70 Operating Permit No. 029-43321-00007 (“Permit 43321”) Conditions D.1.8(b) and D.13(c) and corresponding conditions in subsequent permits, Respondent shall conduct and maintain records of daily visible emission notations of the three (3) storage bins, identified as Filter Dust Bin, North Day Bin, and Bad Batch Bin, and sorbent silo dust collector stacks exhausts.

Respondent failed to conduct and maintain records of multiple visible emissions notations for the Filter Dust Bin, North Day Bin, Bad Batch Bin, Sorbent Silo, and baghouses ST3 through ST11 from February 20, 2021 through June 24, 2022, in violation of Permit 43321 Conditions D.1.8(b) and D.13(c) and corresponding conditions in subsequent permits.

d. Pursuant to Permit 43321 Conditions D.1.12 and D.1.13(f) and corresponding conditions in subsequent permits, Respondent shall perform and maintain records of semi-annual inspections of the dust collectors controlling particulate from each of the storage bins, identified as Filter Dust Bin, North Day Bin, and Bad Batch Bin, and the sorbent silo.

Respondent failed to preform and maintain records for semi-annual inspections of the dust collectors associated with the Filter Dust Bin, North Day Bin, and the Bad Batch Bin from June 30, 2021 through July 29, 2022, in violation of Permit 43321 Conditions D.1.12 and D.1.13(f) and corresponding conditions in subsequent permits.

e. Pursuant to Permit 43321 Conditions D.2.6 and D.2.7 and corresponding conditions in subsequent permits, Respondent shall conduct inspections and maintain records of the pressure drop across the baghouses ST6, ST7, ST8, and ST9 used in conjunction with the raw materials batch storage process, venting to the atmosphere.

Respondent failed to conduct inspections and maintain records of numerous pressure drop readings across baghouses ST3 through ST11 from February 20, 2021 through June 30, 2022, in violation of Permit 43321 Conditions D.2.6 and D.2.7 and corresponding conditions in subsequent permits.

6. Respondent submitted corrective action documentation on October 28, 2022, showing the source has returned to compliance.

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 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 Six Thousand Dollars ($6,000.00). Within thirty (30) days of the Effective Date of the Agreed Order, Respondent shall pay a portion of this penalty in the amount of One Thousand Five Hundred Dollars ($1,500.00). Said penalty amount shall be due and payable to the Environmental Management Special Fund within thirty (30) days of the Effective Date; the 30th day being the “Due Date.”

In lieu of payment to IDEM of the remaining civil penalty, Respondent shall pay Four Thousand Five Hundred Dollars ($4,500.00) to Oxbow, Inc. as a Supplemental Environmental Project (“SEP”) to advocate for a clean, healthy flood plain ecosystem. Respondent shall make such payment to Oxbow, Inc. within thirty (30) days of the Effective Date of this Agreed Order. Payment of the specified amount to Oxbow, Inc. satisfies Respondent’s obligation to undertake a SEP to offset a portion of the civil penalty assessed in this matter.

The SEP proceeds will be spent on resources to preserve, protect, and improve the flood plain wetland at the mouth of the Great Miami River through land acquisition, land management, and stewardship in order to sustain the long-term viability of the flood plain wetland for future generations.

In the event that Respondent does not make its SEP payment within thirty (30) days of the Effective Date of 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 “Oxbow, Inc.” The text “SEP – Oxbow, Inc.” 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

Oxbow, Inc. within 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 6, 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			Anchor Glass Container Corporation
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 August 20, 2024
			Matthew Stuckey, Assistant Commissioner
			Office of Air Quality Indiana Department of Environmental Management