STATE OF INDIANA ) BEFORE THE INDIANA DEPARTMENT
) SS: OF ENVIRONMENTAL MANAGEMENT
COUNTY OF MARION )
COMMISSIONER OF THE DEPARTMENT )
OF ENVIRONMENTAL MANAGEMENT, )
)
Complainant, )
)
v. ) Case No. 2002-12891-A
) Case No. 2000-9087-A
PRECOAT METALS, A DIVISION OF )
SEQUA COATINGS CORPORATION )
)
Respondent. )
The Complainant and the 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 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.
1. Complainant is the Commissioner ("Complainant") of the Indiana Department of Environmental Management, a department of the State of Indiana created by IC 13-13-1-1.
2. Respondent is Precoat Metals, a Division of Sequa Coatings Corporation ("Respondent"), which owns and operates thermal oxidizers at its metal coil coating facility, located at US Highway 12 and Route 249 in Portage, Indiana, Porter County ("Site").
3. The Indiana Department of Environmental Management ("IDEM") has jurisdiction over the parties and the subject matter of this action.
4. Pursuant to IC 13-30-3-3, on May 22, 2000, and on July 16, 2003, IDEM issued Notices of Violation via Certified Mail to:
Mr. Gerard M. Dombeck CT Corporation System
President Registered Agent for
Sequa Coatings Corporation Precoat Metals, a Division of
1310 Papin Street Sequa Coatings Corporation
St. Louis, MO 63103 36 South Pennsylvania Street #700
Indianapolis, IN 46204
5. A records review was conducted for the Site by a representative of IDEM's Office of Air Quality (OAQ). The following violations were in existence or observed at the time of this records review:
A. Pursuant to the Part 70 permit number T127-6025-00005, issued on February 10, 1999 ("Permit"), condition D.1.7(b); and pursuant to the Permit, as amended by the Significant Permit Modification No. SPM127-11786-00005, issued on April 5, 2000 ("Modification"), condition D.1.10(b), both the recuperative thermal oxidizer, identified as EU4/CE-1 and the multiple chamber regenerative oxidizer, identified as EU8/CE-2 shall maintain a minimum operating temperature of 1,150 F or a minimum temperature, fan amperage and duct velocity as determined by the compliance tests required in condition D.1.5. This temperature is required in order to maintain a minimum destruction efficiency of 86.02% and a minimum capture efficiency of 86.02%.
The temperature of the oxidizer was allowed to fall below this threshold of 1,150 F and the control efficiency was below 86.02% on June 12,1999, July 24 and 25, 1999, August 4 and August 6, 1999, and on February 19, 2002, violations of Permit condition D.1.7(b) and of Permit Modification condition D.1.10(b).
B. Pursuant to the Permit condition D.1.7(d), the owner or operator shall install, operate, and maintain a device that continuously records the combustion temperature of any effluent gases incinerated to achieve compliance with 2.6 pounds per gallon of coating excluding water.
The primary and backup recording devices failed during the time period from July 30, 1999, to August 3, 1999, and from September 2, 2000, to September 6, 2000, violations of the Permit condition D.1.7(d).
C. Pursuant the Part 70 Permit, as amended by the Modification, condition D.1.1(b), and in accordance with 326 IAC 8-1-2 and 8-2-4, Respondent shall not exceed the 15.46 pounds of volatile organic compounds ("VOC") per gallon of coating solids (lb VOC/gal Solids) as applied daily weighted average VOC content of the coatings limit.
At this facility, the daily weighted average VOC content of the coatings on the following dates was:
February 23, 2002 16.59 lb VOC/gal Solids;
April 6, 2002 20.34 lb VOC/gal Solids;
April 12, 2002 18.76 lb VOC/gal Solids;
April 27, 2002 21.69 lb VOC/gal Solids;
May 23, 2002 16.14 lb VOC/gal Solids;
May 27, 2002 18.58 lb VOC/gal Solids;
July 1, 2002 22.60 lb VOC/gal Solids;
violations of the Permit condition D.1.1(b).
D. Pursuant to the Permit condition B.13(b)(4), for each emergency or deviation lasting one (1) hour or more, Respondent must notify IDEM's Office of Air Quality ("OAQ"), within four (4) daytime business hours after the beginning of the emergency or deviation, or after the emergency or deviation was discovered or reasonably should have been discovered.
The deviations on the dates, described in paragraph C above, were not reported to OAQ until October 11, 2002, violations of the Permit Condition B.13(b)(4).
6. Respondent installed an additional recuperative thermal oxidizer (RTO) in January of 2002. During the June 11-12, 2003, stack test, the RTO demonstrated a 98% control efficiency.
7. On July 9, 2003, OAQ issued a minor permit modification No. 125-17115-00005 that allowed a 26.12 pounds of VOC per gallon of coating solids (lb VOC/gal Solids) as applied daily weighted average VOC content of the coatings limit.
1. This Agreed Order shall be effective ("Effective Date") when it is approved by the Complainant or her delegate, and has been received by the Respondent. This Agreed Order shall have no force or effect until the Effective Date.
2. Respondent shall comply with all the provisions of the Part 70 permit number No. T127-6025-00005 issued on February 10, 1999, and all its subsequent amendments and modifications.
3. Within thirty (30) days of Effective Date of this Agreed Order, Respondent shall install a mechanical interlock that would prevent coil coating operation from commencing should low temperature alarm occur. Respondent shall notify in writing OAQ's Compliance Section and OE immediately upon completion of the interlock installation.
4. All submittals required by this Agreed Order, unless notified otherwise in writing, shall be sent to:
Mr. Michael Stonik, Enforcement Case Manager
Office of Enforcement
Indiana Department of Environmental Management
100 N. Senate Avenue
P. O. Box 6015
Indianapolis, IN 46206-6015
5. Respondent is assessed a civil penalty of Fifty-Six Thousand Dollars ($56,000.00). Said penalty amount shall be due and payable to the Environmental Management Special Fund within 30 days of the Effective Date of this Agreed Order.
6. Civil and stipulated penalties are payable by check to the Environmental Management Special Fund. Checks shall include the Cause Number of this action and shall be mailed to:
Cashier
IDEM
100 N. Senate Avenue
P. O. Box 7060
Indianapolis, IN 46207-7060
7. In the event that the civil penalty required by Order paragraph 5 of this Agreed Order, is not paid within thirty (30) days of the Effective Date of this Agreed Order, Respondent shall pay interest on the unpaid balance at the rate established by IC 24-4.6-1-101. The interest shall continue to accrue until the civil penalty is paid in full.
8. This Agreed Order shall apply to and be binding upon the Respondent, its successors and assigns. The Respondent's signatories to this Agreed Order certify that they are fully authorized to execute this document and legally bind the parties they represent. No change in ownership, corporate, or partnership status of the Respondent shall in any way alter its status or responsibilities under this Agreed Order.
9. In the event that any terms of the 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 the Agreed Order did not contain the invalid terms.
10. The Respondent shall provide a copy of this Agreed Order, if in force, to any subsequent owners or successors before ownership rights are transferred. 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. This Agreed Order shall remain in effect until Respondent has complied with all terms and conditions of this Agreed Order.
TECHNICAL RECOMMENDATION: RESPONDENT:
Department of Environmental Management Precoat Metals, a Division of Sequa Coatings Corporation
By: By:
David P. McIver
Chief, Air Section Printed:
Office of Enforcement
Title:
Date: Date:
COUNSEL FOR COMPLAINANT: COUNSEL FOR RESPONDENT:
Department of Environmental Management
By: By:
Office of Legal Counsel
Department of Environmental
Management
Date: Date:
APPROVED AND ADOPTED BY THE INDIANA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT THIS DAY OF , 200__.
For the Commissioner:
Signed on January 5, 2004
Felicia A. Robinson
Deputy Commissioner
for Legal Affairs