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STATE OF
INDIANA |
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BEFORE THE
INDIANA DEPARTMENT |
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COMMISSIONER
OF THE DEPARTMENT Complainant, v. LEHIGH
CEMENT COMPANY LLC, Respondent. |
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2016-24095-A |
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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 Lehigh Cement Company LLC
(“Respondent”), which owns and operates a portland cement manufacturing plant
with Plant I.D. No. 019-00008 located at 301 Highway 31 in Speed, Clark County,
Indiana (the “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”) on April 28, 2017, via Certified Mail to:
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Francesco
Carantani, President |
McGuinness & Hodavance, Registered
Agent |
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Essroc
Cement Corporation |
2517
Rt 35, Bldg B |
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3251
Bath Pike |
Suite
202 |
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Nazareth,
PA 18064 |
Manasquan, NJ 08736 |
5.
During an investigation conducted by a
representative of IDEM, the following violations were found:
a. Pursuant to Part 70 permit
019-35842-00008, issued September 2, 2015, condition D.2.7(a), in order to
comply with PSD Minor Limits for PM/PM10 each baghouse for particulate control
shall be in operation and control emissions at all time the associated facility
in in operation.
Respondent failed to operate the baghouse (DC 133) controlling two bucket
elevators used to periodically feed the finish mill feed bins from November
12-14, 2015, in violation of Part 70 permit 019-35842-00008, condition
D.2.7(a).
b. Pursuant to 40 CFR 63.1348(a), affected
sources subject to this subpart must demonstrate compliance with the emissions
standards and operating limits by using the test methods and procedures in §§63.1349
and 63.7.
Respondent failed to demonstrate compliance with 40 CFR 63.1348(a) for PM and Total
Hydrocarbon (“THC”), or alternative limit of organic HAP, for Kiln #1 and #2 and for PM for Clinker
Cooler #1 and #2 by March 7, 2016, in violation of 40 CFR 63.1348(a).
c. Pursuant to 40 CFR 63.1343, Table 1,
emissions for an existing kiln at a major or area source is limited to 0.07
pounds of PM per ton of clinker produced.
Based on a stack test conducted October 14, 2015, Kiln #1 failed to demonstrate
compliance with the 0.07 pounds of PM per ton of clinker produced, in violation
of 40 CFR 63.1343, Table 1.
d. Pursuant to Part 70 permit
019-35842-00008, issued September 2, 2015, condition C.14(b), a retest to demonstrate
compliance shall be performed no later than 180 days after the date of the test.
Respondent failed to retest Kiln #1 within 180 days after failing stack test on
October 14, 2015, in violation of Part 70 permit 019-35842-00008, condition
C.14(b).
6.
Respondent’s parent company acquired Essroc’s
parent company on July 1, 2016. Under
EPAs New Owner Audit Policy, Respondent voluntarily disclosed to EPA the
violations cited in Section I. Paragraphs 5.b. and 5.c. on August 15, 2016.
7.
Respondent demonstrated compliance with the
0.07 pound PM per ton of clinker produced for Kiln #1 on July 12, 2016.
8.
Respondent demonstrated compliance with the
0.07 pound PM per ton of clinker produced for Kiln #2 on May 3, 2016.
9.
Respondent demonstrated compliance with the
0.07 pound PM per ton of clinker produced for Clinker Cooler #1 on May 10,
2016.
10.
Respondent demonstrated compliance with the
0.07 pound PM per ton of clinker produced for Clinker Cooler #2 on May 11,
2016.
11.
Respondent conducted organic HAP testing on
January 5, 2017. Respondent demonstrated initial compliance with the 30-day
average THC alternative limit of 12 ppmvd for total organic HAP for Kiln #1 on May
4, 2017.
12.
Respondent conducted organic HAP testing on
November 8, 2017. Respondent demonstrated initial compliance with the 30-day
average THC alternative limit of 12 ppmvd for total organic HAP for Kiln #2 on
December 10, 2017.
13.
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 Respondent.
This Agreed Order shall have no force or effect until the Effective
Date.
2.
Respondent shall comply with Part 70 Permit
number 019-38903-00008, unless superseded by a permit modification or renewal.
3.
All submittals required by this Agreed Order,
unless Respondent is notified otherwise in writing by IDEM, shall be sent to:
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Matthew Chaifetz, Senior Enforcement
Manager |
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Compliance and Enforcement Branch –
Mail Code 61-53 |
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Indiana Department of Environmental
Management |
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100 North Senate Avenue |
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Indianapolis, IN 46204-2251 |
4.
Respondent is assessed and agrees to pay a
civil penalty of Ninety-Three Thousand Seven Hundred Fifty Dollars ($93,750). 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 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:
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IDEM
Office of Legal Counsel |
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IGCN,
Rm N1307 |
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100
N Senate Ave |
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Indianapolis,
IN 46204 |
6.
This Agreed Order shall apply to and be binding
upon Respondent and his/her/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 Respondent shall in any way
alter its 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 its obligation to comply with the
requirements of its 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
Respondent 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
IDEM issues a Resolution of Case letter to Respondent.
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TECHNICAL
RECOMMENDATION: |
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RESPONDENT: |
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Department
of Environmental Management |
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Lehigh Cement Company LLC |
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By: |
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By: |
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David
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Printed: |
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Enforcement
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Office
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COUNSEL
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Date: |
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APPROVED
AND ADOPTED BY THE INDIANA DEPARTMENT OF ENVIRONMENTAL |
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MANAGEMENT THIS |
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DAY OF |
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,
2019. |
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For
the Commissioner |
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Signed
on February , 2019 |
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Matthew
Stuckey, Deputy Assistant Commissioner |
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Office
of Air Quality |
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Indiana
Department of Environmental Management |
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