STATE OF INDIANA

COUNTY OF MARION

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BEFORE THE INDIANA DEPARTMENT
OF ENVIRONMENTAL MANAGEMENT

 

COMMISSIONER OF THE DEPARTMENT
OF ENVIRONMENTAL MANAGEMENT,

Complainant,

v.

TDY INDUSTRIES, LLC D/B/A

ATI FORGED PRODUCTS,

Respondent.

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Case No. 2015-23308-A

 

 

AGREED ORDER

 

Complainant and 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, except a proceeding to enforce this order.

 

I.� FINDINGS OF FACT

 

1.             Complainant is the Commissioner (�Complainant�) of the Indiana Department of Environmental Management (�IDEM�), a department of the State of Indiana created by Indiana Code (�IC�) 13-13-1-1.

 

2.             Respondent is TDY Industries, LLC d/b/a ATI Forged Products, (�Respondent�), which owns and operates a stationary iron and steel forging operation, with Plant ID No. 075-00007, located at 250 E Lafayette Street, in Portland, Indiana. (�Site�).

 

3.             IDEM has jurisdiction over the parties and the subject matter of this action.

 

4.             Pursuant to IC 13-30-3-3, IDEM issued a Notice of Violation (�NOV�) via Certified Mail to:

 

Lauren S. McAndrews, V.P. & Asst. G.C.

CT Corporation System, Registered Agent

Allegheny Technologies Incorporated

150 West Market Street Suite 800

1000 Six PPG Place

Indianapolis, IN 46204

Pittsburgh, PA 15222

 

 

5.             During an investigation conducted by a representative of IDEM, the following violations were found:

 

a.             Pursuant to 326 IAC 2-5.1-3 and 326 IAC 2-6.1-2 a source with the potential to emit Twenty-five (25) tons per year of regulated pollutants shall apply for a construction and operating permit.

 

Respondent constructed and operated regulated emission units (Center Grinder, Blanchard Grinder, and Auxiliary Ops Grinding unit) without a permit, in violation of 326 IAC 2-5.1-3 and 326 IAC 2-6.1-2.

 

b.             Pursuant to permit number 075-33684-00007 condition D.1.4(a), visible emission notations of the Shotblast Wheelabrators #1, #3, and #4 exhaust shall be performed once per day during normal daylight operations.

 

Respondent did not perform visible emissions notations from February 1, 2014 through March 26, 2015, in violation of permit number 075-33684-00007 condition D.1.4(a).

 

c.              Pursuant to permit number 075-33684-00007 condition D.1.5, the Permittee shall record the pressure drop across baghouses BH1, BH2, and BH4 used in conjunction with Shotblast Wheelabrators #1, #3 and #4, respectively, and cyclone in conjunction with Grinding Operations at least once per day when these emissions units are in operation.

 

Respondent failed to record the pressure drop readings from January 2014 through March 31, 2015, for Shotblast #1 and the grinding cyclone, in violation of permit number 075-33684-00007 condition D.1.5.

 

d.             Pursuant to permit number 075-33684-00007 condition D.1.5, the pressure gauge instrument used for determining the pressure shall be calibrated or replaced at least once every six (6) months.

 

Respondent failed to calibrate pressure gauges on Shotblasts #3 and #4 every six months, in violation of permit number 075-33684-00007 condition D.1.5.

 

6.             A permit application was submitted, and a new permit issued, 075-35827-00007, on June 15, 2015, correcting violation (a).

 

7.             In recognition of the settlement reached, Respondent waives any right to administrative and judicial review of this Agreed Order.

 

II.� ORDER

 

1.             This Agreed Order shall be effective (�Effective Date�) when it is approved by Complainant or Complainant�s delegate, and has been received by Respondents.� This Agreed Order shall have no force or effect until the Effective Date.

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2.             Respondent shall comply with rules 326 IAC 2-5.1-3, 326 IAC 2-6.1-2 and Permit Number 075-35827-00007.

 

3.             All submittals required by this Agreed Order, unless Respondent is notified otherwise in writing by IDEM, shall be sent to:

 

David Zier, Compliance and Enforcement Manager

Compliance and Enforcement Branch � Mail Code 61-53

Indiana Department of Environmental Management

100 North Senate Avenue

Indianapolis, IN 46204-2251

 

4.             Respondent is assessed and agrees to pay a civil penalty of Five Thousand Seven Hundred Fifty dollars ($5,750). Said penalty amount shall be due and payable to the Environmental Management Special Fund within thirty (30) days of the Effective Date; the 30th day being the �Due Date�.

 

5.             Civil and stipulated penalties are payable by check to the �Environmental Management Special Fund.� Checks shall include the Case Number of this action and shall be mailed to:

 

IDEM Office of Legal Counsel

IGCN, Rm� N1307

100 N Senate Ave

Indianapolis, IN� 46204

 

6.             This Agreed Order shall apply to and be binding upon Respondents and its successors and assigns. Respondent�s signatories to this Agreed Order certify that they are fully authorized to execute this Agreed Order and legally bind the party they represent.� No change in ownership, corporate, or partnership status of Respondents shall in any way alter their status or responsibilities under this Agreed Order.

 

7.             In the event that the monies due to IDEM pursuant to this Agreed Order are not paid on or before their Due Date, Respondent shall pay interest on the unpaid balance at the rate established by IC 24-4.6-1.� The interest shall be computed as having accrued from the Due Date until the date that Respondent pays any unpaid balance.� Such interest shall be payable to the Environmental Management Special Fund, and shall be payable to IDEM in the manner specified in Paragraph 5, above.

 

8.             In the event that any terms of this 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 this Agreed Order did not contain the invalid terms.

 

9.             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.

 

10.          This Agreed Order is not and shall not be interpreted to be a permit or a modification of an existing permit.� This Agreed Order, and IDEM�s review or approval of any submittal made by Respondent pursuant to this Agreed Order, shall not in any way relieve Respondent of their obligation to comply with the requirements of their applicable permit or any applicable Federal or State law or regulation.

 

11.          Complainant does not, by its approval of this Agreed Order, warrant or aver in any manner that Respondent�s compliance with any aspect of this Agreed Order will result in compliance with the provisions of any permit, order, or any applicable Federal or State law or regulation.� Additionally, IDEM or anyone acting on its behalf shall not be held liable for any costs or penalties Respondents may incur as a result of Respondent�s efforts to comply with this Agreed Order.

 

12.          Nothing in this Agreed Order shall prevent or limit IDEM�s rights to obtain penalties or injunctive relief under any applicable Federal or State law or regulation, except that IDEM may not, and hereby waives its right to, seek additional civil penalties for the same violations specified in the NOV.

 

13.          Nothing in this Agreed Order shall prevent IDEM or anyone acting on its behalf from communicating with the EPA or any other agency or entity about any matters relating to this enforcement action.� IDEM or anyone acting on its behalf shall not be held liable for any costs or penalties Respondent may incur as a result of such communications with the EPA or any other agency or entity.

 

14.          This Agreed Order shall remain in effect until Respondent has complied with all terms and conditions of this Agreed Order until IDEM issues a Resolution of Case letter to Respondent.

 

 

TECHNICAL RECOMMENDATION:

 

RESPONDENT:

Department of Environmental Management

 

TDY Industries, LLC� d/b/a

ATI Forged Products

 

 

 

 

By:

 

 

By:

 

 

Lynne Sullivan, Chief

 

Printed:

 

 

Compliance and Enforcement Section 2

 

Title:

 

 

Office of Air Quality

 

 

 

Date:

 

 

Date:

 

 

 

 

 

 

 

 

 

 

 

COUNSEL FOR RESPONDENT:

 

 

 

 

 

 

 

 

 

By:

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Date:

 

 

 

 

 

 

APPROVED AND ADOPTED BY THE INDIANA DEPARTMENT OF ENVIRONMENTAL

MANAGEMENT THIS

 

DAY OF

 

, 2016.

 

 

For the Commissioner

 

 

 

Signed on March 8, 2016

 

Keith Baugues, Assistant Commissioner

 

Office of Air Quality

 

Indiana Department of Environmental Management