NOTICE OF VIOLATION

 

Via Certified Mail# ___________________________

To: Mr. Ron Bergstrom, President

SACO Industries, Inc.

17151 Morse Street

Lowell, Indiana 46356

 

Case No. 2001-10138-A

Based on investigation by designated representatives of the Indiana Department of Environmental Management (IDEM) on November 17, 2000, SACO Industries, Inc., 17151 Morse Street, Lowell, Lake County, Indiana is in violation of the following environmental statute(s), rule(s), and/or permit(s):

A. Pursuant to 326 IAC 2-3-2(b), emission offset applies to modifications of major stationary sources of volatile organic compounds (VOC) or oxides of nitrogen (NOX) in serious and severe ozone non-attainment where the increase in emissions are greater than de minimis. Based on a record review, SACO Industries, Inc. has failed to comply with this rule.

B. Pursuant to 326 IAC 8-11, the wood furniture coatings rule applies to any person performing wood furniture manufacturing operations in Lake, Porter, Clark or Floyd counties which have the potential to emit twenty-five (25) tons per year of volatile organic compounds (VOCs) and carries a specific Standard Industrial Classification (SIC) code. Based on a record review, SACO Industries, Inc. has failed to comply with this rule.

C. Pursuant to Permit condition B.12 of the Federally Enforceable State Operating Permit (FESOP) F/ENSR089-10041-00443 an Annual Compliance Certification is required to be submitted no later than April 15 of each year. The Annual Compliance Certification for 1999 was not received until November 28, 2000, a violation of Permit condition B.12 of the Federally Enforceable State Operating Permit (FESOP) F/ENSR089-10041-00443.

D. Pursuant to Permit condition B.15 of the Federally Enforceable State Operating Permit (FESOP) F/ENSR089-10041-00443 an Emergency/Deviation Occurrence Report is required to be submitted within ten (10) calendar days from the date of discovery of the deviation. An Emergency/Deviation Occurrence Report was not submitted when the 2.0 tons per month VOC Permit limit was exceeded in May 1999 through October 1999 and in January 2000. An Emergency/Deviation Occurrence Report was not submitted when the 2.0 tons per month VOC limit and 25 tons per year VOC limit was exceeded in February 2000 through August 2000, a violation of Permit condition B.15 of the Federally Enforceable State Operating Permit (FESOP) F/ENSR089-10041-00443.

E. Pursuant to Permit condition D.1.1 of the Federally Enforceable State Operating Permit (FESOP) F/ENSR089-10041-00443, in order to limit the source wide potential to emit volatile organic compounds (VOC) to less than 25 tons per year, a 2.0 tons per month VOC usage limit for the four (4) spray booths was established. The facility exceeded 2.0 tons per month from May 1999 through October 1999 and January 2000 through December 2000. The facility exceeded 25 tons per year from February 2000 through December 2000, a violation of Permit condition D.1.1 of the Federally Enforceable State Operating Permit (FESOP) F/ENSR089-10041-00443.

F. Pursuant to Permit condition D.1.9 of the Federally Enforceable State Operating Permit (FESOP) F/ENSR089-10041-00443 the dry filters for PM control are to be in operation when the four (4) spray booths are in operation. The inspection conducted on November 17, 2000 noted that approximately five percent (5%) of the filters in booths EU-01C and EU-01D had been removed during the time the booths were in operation, a violation of Permit condition D.1.9 of the Federally Enforceable State Operating Permit (FESOP) F/ENSR089-10041-00443.

In accordance with IC 13-30-3-3, the Commissioner is required to notify an alleged violator in writing that a violation may exist and offer an opportunity to enter into an Agreed Order providing for the actions required to correct the violations and for the payment of a civil penalty. The Commissioner is not required to extend this offer for more than sixty (60) days.

Entering into an Agreed Order will prevent the issuance of a Notice and Order of the Commissioner under IC 13-30-3-4, or the filing of a civil court action under IC 13-14-2-6. IDEM encourages settlement by Agreed Order, thereby saving time and resources. Timely settlement by Agreed Order may result in a reduced civil penalty. Settlement discussions will also allow the opportunity to present any mitigating factors that may be relevant to the violations. In addition, as provided in IC 13-30-3-3, an alleged violator may enter into an Agreed Order without admitting that the violation occurred.

If settlement is not reached within sixty (60) days of receipt of this Notice of Violation, the Commissioner may issue a Notice and Order containing the actions that must be taken to achieve compliance, the required time frames, and an appropriate civil penalty. Pursuant to IC 13-30-4-1, the Commissioner may assess penalties of up to $25,000 per day for each violation.

To discuss this matter further, please contact Linda McClure at 317-232-8408, within fifteen (15) days after receipt of this Notice to request a conference. If settlement is reached, an Agreed Order will be prepared and sent for review and signature.

 

For the Commissioner:

Signed May 17, 2001

Date: _______________ _________________________

Felicia A. Robinson

Assistant Commissioner

Office of Enforcement

 

 

cc: Mr. Fred G. Krikau, Krikau, Pyles, Rysiewicz and Associates

Ms Jean Bauer, US EPA Region 5

Mr. Jay Rodia, Office of Legal Counsel

Ms Linda L. McClure, Office of Enforcement

Mr. R. Tejuja, Office of Air Quality

Enforcement File

OAM Public File

http://www.ai.org/idem