NOTICE OF VIOLATION
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Via Electronic Mail |
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Via Electronic Mail |
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To: |
Stephen Shaffer, President |
To: |
Corporation Service Company,
Registered Agent |
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Dalton Corporation, Warsaw Manufacturing Facility |
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135 North Pennsylvania Street Suite 1610 |
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1900 East Jefferson Street |
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Indianapolis, IN 46204 |
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Warsaw, IN 46581 (Stephen.Shaffer@daltoncorporation.com) |
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(sop@cscglobal.com) |
Case No. 2020-26739-A
Pursuant to Indiana Code
(“IC”) 13-30-3-3, the Indiana Department of Environmental Management (“IDEM”)
issues this Notice of Violation. Based on an investigation conducted by an IDEM
representative, IDEM has reason to believe Dalton Corporation, Warsaw Manufacturing
Facility (“Respondent”)
violated an environmental permit condition. The violations are based on the following:
1.
Respondent
is Dalton Corporation, Warsaw Manufacturing Facility (“Respondent”), which owns
and operates a stationary gray iron foundry with Plant I.D. No. 085-00003
located at 1900 East Jefferson Street in Warsaw, Kosciusko County, Indiana (the
“Site”).
2.
Pursuant
to Part 70 Permit 085-39391-00003 condition D.12.1(b)(1), in order to render
the requirements of 326 IAC 2-2 (Prevention of Significant Deterioration (“PSD”)
not applicable, the PM emissions after control from the units of the Phenolic
Urethane Core Making Line #12 exhausting to Stack T shall not exceed 0.33 pound
per ton of sand.
Pursuant to Part 70 Permit 085-39391-00003 condition D.12.1(b)(1), in order to
render the requirements of 326 IAC 2-2 PSD not applicable, the PM10 emissions
after control from the units of the Phenolic Urethane Core Making Line #12
exhausting to Stack T shall not exceed 0.065 pound per ton of sand.
Pursuant to Part 70 Permit 085-39391-00003 condition
D.12.1(c)(1), in order to render the requirements of 326 IAC 2-2 PSD not
applicable, the PM2.5 emissions after control from the units of the Phenolic
Urethane Core Making Line #12 exhausting to Stack T shall not exceed 0.065
pound per ton of sand.
On August 14, 2019, Respondent conducted stack testing of the Phenolic Urethane
Core Making Line #12 emitting 0.50 pounds per ton of PM, 0.19 pounds per ton of
PM10 and 0.19 pounds per ton of PM2.5, in violation of Part 70 Permit
085-39391-00003 conditions D.12.1(b)(1) and D.12.1(c)(1).
Pursuant to IC 13-30-3-3,
the Commissioner herein provides notice that the violations may exist and offers an opportunity to enter into an Agreed Order providing for the action required to correct the violations and, as necessary and appropriate, for
the payment of a civil penalty. The Commissioner is not required to extend this
offer for more than sixty (60) days.
Pursuant to IC 13-30-3-3, an
alleged violator may enter into an Agreed Order without
admitting the violations
occurred. IDEM encourages settlement by Agreed Order, thereby resulting in
quicker correction of the environmental violations
and avoidance of extensive litigation. Timely settlement by Agreed Order may
result in a reduced civil penalty. Also, settlement discussions will allow
Respondent
the opportunity to present
any mitigating factors that may be relevant to the violations.
If an Agreed Order is not
entered into within sixty (60) days of receipt of this Notice of Violation, the
Commissioner may issue a Notice and Order under IC 13-30-3-4 containing the
actions that must be taken to correct the violations and requiring the payment of 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.
Please
contact Matthew
Chaifetz at 317-232-8408
or mchaifet@idem.IN.gov
within fifteen (15) days after receipt of this Notice to discuss resolution of
this matter.
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For
the Commissioner: |
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Date: |
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Signed
June 1, 2022 |
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Janusz
Johnson, Chief Compliance
and Enforcement Branch Office
of Air Quality |
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cc: Michael Schall,
Manager Environmental Engineering, Dalton Corporation, Warsaw Manufacturing
Facility (Michael.Schall@daltoncorporation.com)
Mark
Messersmith, US EPA Region 5
Kosciusko County
Health Department
Matthew
Chaifetz, Compliance and Enforcement Branch, Office of Air Quality
Adrianna
Balla, Compliance and Enforcement Branch, Office of Air Quality
Dave Cline,
Compliance and Enforcement Branch, Office of Air Quality
IDEM Public
File