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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. HOWMET
CASTINGS AND SERVICES,
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 Howmet Castings and Services,
Inc. (“Respondent”), which owns and operates the stationary metal alloy casting
plant with Plant ID No. 091-00047, located at 1110 East Lincolnway,
in LaPorte, LaPorte 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:
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M.
Dirk Bauer, President |
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Corporation System, Registered Agent |
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Howmet
Castings and Services, Inc. |
150
West Market Street |
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201
Isabella Street |
Suite
800 |
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Pittsburgh,
PA 15212 |
Indianapolis,
IN 46204 |
5.
During an investigation conducted by a
representative of IDEM, the following violations were found:
a. Pursuant to Federally Enforceable State
Operating Permit No. 091-38128-00047 (“Permit”) issued to Respondent on May 11,
2017, condition D.2.2(b) requires the Nickel emissions from the Post-Cast
Operations (P1-PCO) shall be limited to less than 0.082 pounds per hour.
Respondent conducted a stack test on March 7, 2018, on the Post-Cast Operations,
resulting in Nickel emissions exceeding 0.082 pounds per hour, in violation of
permit condition D.2.2(b).
b. Pursuant to Permit condition D.2.1, the
Particulate Matter (“PM”) emissions from the Post-Cast Operations (P1-PCO)
shall not exceed 0.50 pounds per hour.
Respondent conducted a stack test on March 7, 2018, on the Post-Cast Operations,
resulting in PM emissions exceeding 0.50 pounds per hour, in violation of
permit condition D.2.1.
c. Pursuant to Permit condition D.2.1, PM
emissions from the Pneumatic Shell Removal (P1-KO-01 and P1-KO-P2) shall not
exceed 1.30 pounds per hour.
Respondent conducted a stack test on March 6, 2018, on the Pneumatic Shell
Removal, resulting in PM emissions exceeding 1.30 pounds per hour, in violation
of permit condition D.2.1.
d. Pursuant Permit condition D.2.6, in order
to demonstrate compliance with D.2.1 and D.2.2, the Permittee shall perform PM,
PM10 and PM2.5 testing of the Post-Cast Operations (P1-PCO) and the Pneumatic
Shell Removal (P1-KO-01 and P1-KO-P2) at least once every five (5) years from
the date of the most recent valid compliance demonstration.
Respondent failed to demonstrate compliance with PM10 and PM2.5 emissions at
least once every five (5) years on the Post-Cast Operations and Pneumatic Shell
Removal, in violation of permit condition D.2.6.
6.
Respondent conducted compliance stack testing
of the Pneumatic Shell Removal and Post-Cast Operation on August 21, 2018. Compliance with Nickel, PM, PM10, and PM2.5
limits were determined.
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 Respondent.
This Agreed Order shall have no force or effect until the Effective
Date.
2.
Respondent shall comply with Federally
Enforceable State Operating Permit 091-38128-00047 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 Twenty-Three Thousand Four Hundred Dollars ($23,400.00). 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”.
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 its successors and assigns. Respondent’s signatory to this Agreed Order
certifies that he fully authorized to execute this Agreed Order and legally
bind the party he represents. 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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Howmet
Castings and Services, 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 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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