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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. HAYNES
INTERNATIONAL, INC., Respondent. |
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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 Haynes International, Inc.
(“Respondent”), which owns and operates a coil, sheet, and billeted Nickel
alloy manufacturing operation with Plant ID No. 067-00009 located at 2000 West
Deffenbaugh Street, in Kokomo, Howard County, 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”) on March 27, 2019 via Certified Mail to:
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Michael
L. Shor, President Haynes
International, Inc. 1020
West Park Ave P.O.
Box 9013 |
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Corporation System, Registered Agent 150
West Market St, Suite 800 Indianapolis,
IN 46204 |
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Kokomo,
IN 46904-9013 |
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5.
During an investigation conducted by a
representative of IDEM, the following violations were found:
a. Pursuant to Title V permit
067-34519-00009, issued September 28, 2015, and Title V permit 067-36247-00009,
issued February 22, 2016(“Permits”), conditions D.1.7, and D.1.12, Respondent
is required to monitor and record the Visible Emissions Notations for the dust
collectors once per day during normal daylight hours when the processes are in
operation.
Respondent failed to monitor and record the Visible Emissions Notations for the
dust collectors designated DC-1, DC-3, DC-4, DC-5, DC-23, DC-24, DC-25, DC-36,
once per day during normal daylight hours on various days from January 18, 2016
through December 31, 2017 when the processes were in operation, in violation of
Permits conditions D.1.7, and D.1.12.
b. Pursuant to Permits conditions D.1.9, and
D.1.12, Respondent is required to monitor and record the Pressure Drop readings
for the dust collectors once per day
when the processes are in operation.
Respondent failed to monitor and record the Pressure Drop readings for the dust
collectors designated DC-1, DC-3, DC-4, DC-5, DC-23, DC-24, DC-25, DC-36, once
per day during normal daylight hours for various days from January 18, 2016
through December 31, 2017 when the processes were in operation, in violation of
Permits conditions D.1.9, and D.1.12.
c.
Pursuant to Permits conditions D.2.7, and
D.2.8, Respondent is required to monitor and record the flow rate of the fume
scrubbers at least once daily when the units are in operation.
Respondent failed to monitor or record the flow rate for the fume scrubber
identified as FS-2 when the unit was in operation from June 22, 2017 to
September 30, 2017, in violation Permits Conditions D.2.7, and D.2.8.
d.
Pursuant to Permits conditions D.2.7, and
D.2.8, Respondent is required to monitor and record the pH of the fume
scrubbers at least once daily when the units are in operation.
Respondent failed to monitor and record the pH for the fume scrubber identified
as FS-2 at least once daily at all times the unit was in operation on September
11, 13, and 14, 2017, in violation of Permits conditions D.2.7 and D.2.8.
e.
Pursuant to Permits condition D.4.2, Respondent
is required to provide permanent, conspicuous labels that list the operating
requirements for their degreasers.
Respondent failed to provide permanent, conspicuous labels listing the
operating requirements on four of its degreasers during an inspection on
September 20, 2017, in violation of Permits condition D.4.2.
7.
Respondent
has developed and implemented an automated monitoring and record keeping
system, along with training in the new system.
8.
Respondent
installed
permanent, conspicuous labels on the four degreasers no later than November 13,
2017.
9.
Title
V permit modification 067-40300-00009, issued on July 10, 2019, increased PM
emissions limit for the Argon Oxygen Decarbonization
Vessel exhausting through DC-14 to 0.30 lb/ton.
10.
Orders
of the Commissioner are subject to administrative review by the Office of
Environmental Adjudication under IC 4-21.5; however, in recognition of the settlement
reached, Respondent acknowledges notice
of this right and 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.
This Agreed Order is intended to resolve all
violations cited in the Notice of Violation issued March 27, 2019.
3.
Respondent shall comply with the rules, and
permit conditions listed in the findings above at issue.
4.
Within Sixty (60) days of the Effective Date,
Respondent shall submit a permit application for a modification that includes
the replaced fume scrubber identified as FS-2.
5.
All submittals required by this Agreed Order,
unless Respondent is notified otherwise in writing by IDEM, shall be sent to:
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Lisa Hayhurst, Compliance and 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 |
6.
Respondent is assessed and agrees to pay a
civil penalty of Six Thousand Dollars ($6,000.00). 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”.
7.
In the event the terms and conditions of the
following paragraphs are violated, Complainant may assess and Respondent shall
pay stipulated penalties in the following amounts:
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Paragraph |
Violation |
Stipulated Penalty |
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4 |
Failure to Submit
a permit modification |
$250.00 per week |
8.
Stipulated penalties shall be due and payable
no later than the thirtieth day after Respondent receives written notice that
Complainant has determined a stipulated penalty is due; the thirtieth day being
the “Due Date.” Complainant may notify Respondent at any time that a stipulated
penalty is due. Failure to notify Respondent in writing in a timely manner of a
stipulated penalty assessment shall not waive Complainant’s right to collect
such stipulated penalty or preclude Complainant from seeking additional relief
against Respondent for violation of this Agreed Order. Neither assessment nor
payment of stipulated penalties shall preclude Complainant from seeking
additional relief against Respondent for a violation of this Agreed Order; such
additional relief includes any remedies or sanctions available pursuant to
Indiana law, including, but not limited to, civil penalties pursuant to IC
13-30-4.
9.
Civil penalties and stipulated 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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Indiana
Department of Environmental Management |
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Accounts
Receivable |
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IGCN,
Room 1340 |
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100
North Senate Avenue |
10.
This Agreed Order shall apply to and be binding
upon Respondent 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 Respondent shall in any way alter their status or responsibilities
under this Agreed Order.
11.
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 9, above.
12.
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.
13.
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.
14.
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 permits or any applicable Federal or State law or
regulation.
15.
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.
16.
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.
17.
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.
18.
This Agreed Order shall remain in effect until
Respondent has complied with all terms and conditions of this Agreed Order and IDEM
has issued 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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Haynes International, Inc. |
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By: |
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By: |
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David
P. McIver, Chief |
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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 October 17, 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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