STATE OF
INDIANA |
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BEFORE THE
INDIANA DEPARTMENT |
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COMMISSIONER
OF THE DEPARTMENT Complainant, v. COUNTRYMARK
REFINING AND LOGISTICS, LLC, 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 Countrymark
Refining and Logistics, LLC (“Respondent”), which owns and operates the stationary
petroleum refinery with Plant ID No. 129-00003, located at 1200 Refinery Road,
in Mt. Vernon, Posey 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”) via Certified Mail to:
Charles
Smith, President & Registered Agent |
Countrymark Refining
and Logistics, LLC |
225
S. East Street, Suite 144 |
Indianapolis,
IN 46202 |
5.
During an conducted by a representative of
IDEM, the following violations were found:
a. Pursuant to 40 CFR 60.693-3(f), Each
oil-water separator tank, slop oil tank, storage vessel, or other auxiliary
equipment that is required to comply with paragraph (a) of this section, and not
paragraph (b) of this section, may be equipped with a pressure control valve as
necessary for proper system operation. The pressure control valve shall be set
at the maximum pressure necessary for proper system operation, but such that
the value will not vent continuously.
Respondent failed to maintain pressure control valve internals on Tank 6 from
2014 through 2018, in violation of 40 CFR 60.693-3(f).
b. Pursuant to 40 CFR 60.693-2(a)(2), except
as provided in paragraph (a)(4) of this section, each opening in the oil-water
separator roof shall be equipped with a gasketed
cover, seal, or lid, which shall be maintained in a closed position at all
times, except during inspection and maintenance.
Respondent was observed leaving three (3) lids open on May 30, 2018, when not
performing inspections or maintenance, in violation of 40 CFR 693-2(a)(2).
c. Pursuant to 40 CFR 60.693-2(a)(3), the oil-water separator roof shall be floating on the
liquid (i.e., off the roof supports) at all times except during abnormal
conditions (i.e., low flow rate).
Respondent was observed having three floating roofs leaving air gaps above the
liquid and/or partially submerged under water on May 30, 2018, in violation of
40 CFR 60.693-2(a)(3).
d. Pursuant to 40 CFR 60.696(d), After
installing the control equipment required to meet §60.693-2(a) or whenever
sources that have ceased to treat refinery wastewater for a period of 1 year or
more are placed back into service, the owner or operator shall determine
compliance with the standards in §60.693-2(a):
Pursuant to 40 CFR 60.696(d)(2) The gap widths and total gap area shall be
determined using the procedure in paragraph (d)(1) of this section according to
the following frequency:
(i) For primary seals, once every 5 years.
(ii) For secondary seals, once every year.
Respondent had not conducted the gap width and total gap area checks once every
5 years for primary seals or annually for secondary seals, in violation of 40
CFR 60.696(d)(2).
6.
Respondent installed internals to the pressure
control valve on Tank 6 on June 18, 2018.
7.
Respondent modified its inspection procedure
and trained employees to observe the status of the lids.
8.
Respondent re-leveled the floating roofs on August
20, 2018 to float on the surface of the liquid until replacement roofs could be
installed.
9.
Respondent replaced the floating roofs on December
3, 2018. Gap width and total gap area
tests for the new roofs were conducted on December 6, 2018.
10.
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
129-39047-00003 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:
Matthew Chaifetz, Senior 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 Thirty-Two Thousand One Hundred Eighty-Seven Dollars and Fifty
Cents ($32,187.50). 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:
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 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 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.
TECHNICAL
RECOMMENDATION: |
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RESPONDENT: |
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Department
of Environmental Management |
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Countrymark
Refining and Logistics, LLC |
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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
FOR RESPONDENT: |
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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 8, 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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