AMENDED
NOTICE OF VIOLATION
Via Certified Mail# ___________________
To: David D. Hunter, President & CEO David B. Fink, Registered Agent
Auburn Foundry, Inc. Auburn Foundry, Inc.
635 West 11th Street 635 West 11th Street
Auburn, IN 46706 Auburn, IN 46706
Case No. 2000-9724-A
Based on investigation by designated representatives of the Indiana Department of
Environmental Management (IDEM), the grey iron foundry designated as Plant No. 1, located at
635 West 11th Street in Auburn, Indiana, and is owned and operated by Auburn Foundry, Inc.
("Auburn"), is in violation of the following environmental statute(s), rule(s), and/or permit(s):
- Pursuant to 326 IAC 2-2, any source implementing a modification at one of the
major stationary sources listed under 326 IAC 2-2-1(p) which is located in an
attainment or unclassifiable area as designated in 326 IAC 1-4, and which would
result in an increase of actual or potential emissions of more than one hundred
(100) tons per year for carbon monoxide (CO), forty (40) tons per year for volatile
organic compounds (VOCs), oxides of nitrogen (NOx), and sulfur dioxide (SO2),
or more than twenty-five (25) or fifteen (15) tons per year for particulate matter
(PM) and particulate matter of less than ten (10) microns (PM10), respectively,
must apply for and obtain a PSD permit prior to commencing construction and
operation of that modification. Since 1980 Auburn has implemented several such
modifications to this grey iron foundry, which is an existing major source for PM.
Each of these modifications resulted in an increase of actual or potential emissions
in excess of one or more of the aforementioned thresholds, but were implemented
without first applying for and obtaining a PSD permit, violations of 326 IAC 2-2.
- Pursuant to 326 IAC 6-3-2, no person shall operate any process so as to produce,
cause, suffer or allow particulate matter (PM) to be emitted in excess of the
emission rate established under this rule. Based on a review of records, PM
emissions from the pouring, casting, and the uncontrolled inoculation processes
exceed the emission rate established under 326 IAC 6-3-2(c), a violation of said
rule.
- Pursuant to 326 IAC 8-1-6, new facilities (as of January 1, 1980), which have
potential emissions of 22.7 megagrams (25 tons) or more per year, located
anywhere in the state, which are not otherwise regulated by other provisions of
this article (326 IAC 8), shall reduce VOC emissions using best available control
technology (BACT). Based on a review of records submitted by Auburn, VOC
emissions from this source, which exceed 25 tons per year, are not controlled
through the use of the best available control technology, a violation of 326 IAC 8-1-6.
- Pursuant to 326 IAC 2-6-3, the owner or operator of any facility with the potential
to emit CO, VOCs, NOx, PM10, or SO2 into the ambient air at levels equal to or
greater than one hundred (100) tons per year shall annually submit an emission
statement to the Commissioner by July 1 of the following year. This source failed
to submit its emission statement for 1999 by July 1, 2000, a violation of 326 IAC
2-6-3.
- 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. On September 26, 2000 and January 9,
2001, an IDEM inspector observed fugitive emissions, emanating from the cupola
charge doors, cross property lines at ground level, a violation of 326 IAC 6-4-2(4).
- 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. On October 11, 2000, an IDEM
inspector observed fugitive emissions, emanating from the No. 1 electric furnace
and the 110 Schneible scrubber stack, cross property lines at ground level, a
violation of 326 IAC 6-4-2(4).
- Pursuant to 326 IAC 2-1-3, a source or facility which has allowable emissions of
twenty-five (25) tons or more per year of any regulated pollutant shall apply for
and obtain a construction permit prior to commencing construction. Several
facilities located at this grey iron foundry were constructed without first applying
for and obtaining a construction permit, a violation of 326 IAC 2-1-3.
- Pursuant to 326 IAC 2-1-4, a source or facility which has allowable emissions of
twenty-five (25) tons or more per year of any regulated pollutant shall apply for
and obtain an operating permit prior to commencing operation. Several facilities
were operated prior to first applying for and obtaining an operating permit, a
violation of 326 IAC 2-1-4.
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 Matthew Stuckey at (317) 233-1134 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:
Date: (Signed on May 22, 2001) _________________________
Felicia A. Robinson
Assistant Commissioner
Office of Enforcement
cc:
Jean Bauer, U. S. EPA Region 5
Dekalb County Health Department
Jay Rodia, Office of Legal Counsel
Matthew Stuckey, Office of Enforcement
Richard Sekula, Office of Air Management
Madonna McGrath, Baker & Daniels
Enforcement File
OAM Public File
http://www.ai.org/idem/