STATE OF INDIANA		)	SS:	BEFORE THE INDIANA DEPARTMENT OF
		)
COUNTY OF MARION		)		ENVIRONMENTAL MANAGEMENT
COMMISSIONER OF THE DEPARTMENT					)
OF ENVIRONMENTAL MANAGEMENT,					)
					)
Complainant,					)
					)
	v.				)	Case Nos. 2023-29522-A
					)	2023-29661-A
PREMIER MAGNESIA, LLC D/B/A GILES CHEMICAL,					) )
					)
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 Premier Magnesia, LLC D/B/A Giles Chemical (“Respondent”), which owns and operates the stationary magnesium sulfate (Epsom Salt) manufacturing facility with Plant ID No. 029-00049, located at 200 Brown Street, in Greendale, 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 Notices of Violation (“NOV”) for case no. 2023-29661-A on October 12, 2023 and for case no. 2023-29522-A on November 9, 2023 via Certified and Electronic Mail to:

Premier Magnesia, LLC D/B/A Giles Chemical	Corporate Service Company, Registered Agent
Attn: John K. Gehret, CEO 75 Giles Place	135 North Pennsylvania Street, Suite 1610
Waynesville, NC 28786	Indianapolis, IN 46204 sop@cscglobal.com

5. During an investigation including an inspection on June 29, 2023 conducted by a representative of IDEM, the following violations identified in case no. 2023-29522-A were found:

a. Pursuant to Federally Enforceable State Operating Permit (“FESOP”) No. 029-40226-00049 (“Permit 40226”) Condition D.1.6(a), and corresponding conditions in subsequent permits, Respondent shall maintain records of the daily visible emissions (“VE”) notations of the stack exhaust of the two (2) silos and the Sparger, including when a VE notation is not taken and the reason for the lack of VE notation.

Respondent failed to maintain complete VE notation records between November 2019 and June 2023, in violation of Permit 40226 Condition D.1.6(a), and corresponding conditions in subsequent permits.

b. Pursuant to Permit 40226 Condition D.2.6(a), and corresponding conditions in subsequent permits, Respondent shall monitor and record the flow rate of the wet scrubber WS-1 at least once per day when the associated processes are in operation.

Respondent failed to maintain complete records of the flow rate of the wet scrubber WS-1 between November 2019 and June 2023, in violation of Permit 40226 Condition D.2.6(a), and corresponding conditions in subsequent permits.

c. Pursuant to FESOP No. 029-42484-00029 (“Permit 42484”) Condition D.2.7(a), and corresponding conditions in subsequent permits, Respondent shall maintain records of the daily VE notations of the stack exhaust of the Wet Scrubber, WS-1, including when a VE notation is not taken and the reason for the lack of VE notation.

Respondent failed to maintain complete VE notation records between February 2020 and June 2023, in violation of Permit 42484 Condition D.2.7(a), and corresponding conditions in subsequent permits.

d. Pursuant to FESOP No. 029-43705-00029 (“Permit 43705”) Condition C.17, Respondent shall submit the Quarterly Deviation and Compliance Monitoring Report not later than thirty (30) days after the end of the reporting period.

Respondent failed to timely submit the Quarterly Deviation and Compliance Monitoring Reports for the first, second, third, and fourth quarters of 2022, and the first quarter of 2023, in violation of Permit 43705 Condition C.17.

6. Based on the Notice of Violation issued to the Respondent on October 12, 2023, case no. 2023-29661-A contains the following violations:

a. Pursuant to 326 IAC 2-8-11.1, any source proposing to add additional emission units, modify existing emission units, or otherwise modify a Federally Enforceable State Operating Permit (“FESOP”) source as described in this section shall submit a permit revision request in accordance with this section, and may not begin construction on any emissions unit that is necessary to implement the change until the commissioner has revised the permit.

Pursuant to 326 IAC 2-7-2, any major source as defined in section 1(22) of this rule is required to obtain a permit prior to the operation of equipment that produces regulated emissions.

Respondent failed to obtain a permit modification or operating permit prior to modification to the operation of units capable of producing regulated emissions, including a magnesium sulfate dryer identified as DRY-1, in violation of 326 IAC 2-8-11.1 and 326 IAC 2-7-2.

7. The Quarterly Deviation and Compliance Monitoring reports were submitted on July 13, 2023.

8. FESOP Significant Permit Revision 029-43705-00049 was issued on June 10, 2021.

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 conditions of FESOP No. 029-43705-00029, unless superseded by a renewal or modification.

3. All submittals required by this Agreed Order, unless IDEM notifies the Respondent otherwise in writing, shall be sent to:

Lisa Ward, Enforcement Case Manager

Office of Air Quality

Indiana Department of Environmental Management

100 North Senate Avenue

Indianapolis, IN 46204-2251

LHayhurs@idem.in.gov

4. Pursuant to IC 13-30-4-1, Respondent is assessed and agrees to pay a civil penalty of Eleven Thousand Four Hundred Dollars ($11,400.00). 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:			RESPONDENT:
Department of Environmental Management			Premier Magnesia, LLC D/B/A Giles Chemical
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		, 2023.
			For the Commissioner:
			Signed on December 18, 2023
			Matthew Stuckey, Assistant Commissioner
			Office of Air Quality Indiana Department of Environmental Management