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. 2000-9527-A
) Case No. 2001-10521-A
)
WABASH ALLOYS, LLC, )
)
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.
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 Wabash Alloys, LLC, ("Respondent"), which owns and operates a secondary aluminum smelter, located at 841 South 550 West in Tipton, Indiana, Tipton 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 February 15 and July 20, 2001, IDEM issued Notices of Violation via Certified Mail to:
Mr. William Connell, President CT Corporation Systems, Registered Agent
Wabash Alloys, LLC For Wabash Alloys, LLC
1 International Place 1 North Capitol Avenue
Fort Hill Square Indianapolis, IN
Boston, MA 02110 46204
5. Inspections, on May 23, and July 3, 2000, and May 17, 2001, were conducted at 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 these inspections:
A. Pursuant to Federally Enforceable State Operating Permit (FESOP) number F159-5547-00008 issued on December 9, 1996, as amended (amendment number AAF159-9179) on December 17, 1997, condition C.11, for each unit for which parametric monitoring is required, appropriate corrective actions, as described in the Preventive Maintenance Plan, shall be taken when indicated by monitoring information.
B. Pursuant to the FESOP condition D.1.5, Respondent shall maintain a total static pressure drop across the baghouse controlling two aluminum reverberatory smelting furnaces in the range of three (3) to six (6) inches of water when the furnaces are in operation, and take a corrective action in accordance with the Preventive Maintenance Plan when the pressure drop reading is outside the range during any one reading.
Respondent failed to take corrective actions when the pressure drop readings were outside the range while operating the furnaces during the time periods between February 10 and March 3, 2000, and between April 1 and April 22, 2000, violations of permit conditions D.1.5. and C.11.
C. Pursuant to the FESOP condition D.2.5, Respondent shall maintain a total static pressure drop across the baghouse controlling a shredder/crusher identified as unit #4 in the range of three (3) to six (6) inches of water when the unit #4 is in operation, and take a corrective action in accordance with the Preventive Maintenance Plan when the pressure drop reading is outside the range during any one reading.
Respondent failed to take the pressure drop readings and/or failed to take corrective actions when the pressure drop readings were outside the range while operating the unit #4 during the time period between July 1, 1999, and April 1, 2000, violations of permit conditions D.2.5. and C.11.
D. Pursuant to the FESOP condition D.2.1, Respondent shall operate the baghouse controlling the unit #4 at all times when the unit is in operation.
Respondent failed to operate the baghouse controlling the unit #4 on eight (8) separate occasions when the unit was in operation during the year of 1999, a violation of permit condition D.2.1
E. Pursuant to 326 IAC 6-4-2(4), no source shall allow fugitive dust to visibly cross the boundary or property line of a source.
This source allowed fugitive emissions emanating from the building to cross property lines at ground level, a violation of 326 IAC 6-4-2(4).
6. In recognition of the settlement reached, Respondent waives any right to administrative and judicial review of this Agreed Order.
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 federally enforceable state operating permit (FESOP) number F159-5547-00008 issued on December 9, 1996, and all of its subsequent amendments.
3. In accordance with FESOP condition D.2.1, respondent shall operate the magnetic separator attached to the shredder/crusher, identified as unit #4, only when its baghouse is operating as required under the permit, unless and until such time that the FESOP is amended to permit Respondent to operate the magnetic separator without the baghouse if materials are not being shredded/crushed.
4. Within thirty (30) days of the Effective Date of this Agreed Order, Respondent shall develop and submit to IDEM a standard operating procedure (SOP) requiring that smelting/production cease as soon as possible in the event that pollution control equipment ceases operation. The SOP shall require a mandatory check by operating personnel in such event that the pollution control equipment has resumed operation as required under the permit before smelting/production resumes, detailing the specific steps operating personnel must take to confirm normal operation of the pollution control equipment. The SOP shall not be inconsistent with any FESOP operating conditions or compliance requirements. The SOP shall clearly require that smelting/production equipment may not operate without control equipment operating as required under the permit. The Respondent may not modify the SOP from the version submitted to IDEM without the express written consent of IDEM. IDEM has the sole authority to approve or deny modifications to the SOP.
6. 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
7. Respondent is assessed a civil penalty of Twenty-Eight Thousand and Two Hundred Dollars ($28,200.00). 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.
8. Civil penalty is 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
9. In the event that the civil penalty required by Order paragraph 7 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.
10. 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.
11. 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.
12. 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.
13. This Agreed Order shall remain in effect for a period of three (3) years after the Effective Date, or until such time as Respondent has paid the civil penalty assessed in Order paragraph 7, whichever is longer. In the event that a Title V operating permit is issued for this facility within this period, Respondent shall comply with the relevant terms and conditions of the Title V permit in lieu of the FESOP conditions referenced in paragraphs 2, 3, and 4 of this Agreed Order.
TECHNICAL RECOMMENDATION: RESPONDENT:
Department of Environmental Management Wabash Alloys, LLC
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 , 2002.
For the Commissioner:
Signed on July 27, 2002
Felicia A. Robinson
Deputy Commissioner
for Legal Affairs