NOTICE OF VIOLATION

 

 

Via Electronic Mail

 

Via Electronic Mail

 

To:

Stephen Shaffer,

President

To:

Corporation Service Company, Registered Agent

 

Dalton Corporation, Warsaw

Manufacturing Facility

 

135 North Pennsylvania Street

Suite 1610

 

1900 East Jefferson Street

 

Indianapolis, IN 46204

 

Warsaw, IN 46581

(Stephen.Shaffer@daltoncorporation.com)

 

(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.

 

 

 

For the Commissioner:

 

 

 

 

 

 

 

 

Date:

 

 

Signed June 1, 2022

 

Janusz Johnson, Chief

Compliance and Enforcement Branch

Office of Air Quality

 

 

 

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