Respondent Name: Plycem USA, LLC

Case Number: 2020-27233-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 Plycem USA, LLC (“Respondent”), which owns and operates the stationary fiber cement siding manufacturing plant with Plant ID No. 167-00140, located at 1001 West Industrial Drive, in Terre Haute, Vigo 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 and electronic mail to:

Sebastiano Andina, CFO Plycem USA, LLC	Corporate Creations Network, Inc., Registered Agent
15055 Woodham Drive	8520 Allison Pointe Boulevard #220
Houston, TX 77073	Indianapolis, IN 46250
	govdocs@corpcreations.com

5. At the time of an inspection conducted on July 14, 2020, the following violations were in existence or observed at the Site by a representative of IDEM’s Office of Air Quality (“OAQ”).

a. Pursuant to Federally Enforceable State Operating Permit 167-38787-00140 (“Permit”), Conditions D.2.6(a, b, & c), Respondent shall read and record the pressure drop across each baghouse used in conjunction with the storage silos, the weigh bins, and the raw material mixers at least once per day when the associated processes are in operation and venting to the atmosphere.

Respondent failed to read or record the pressure drops across the baghouses while their associated processes were in operation, on various days from June 2019 through March 2020, in violation of Permit Conditions D.2.6(a, b, & c).

b. Pursuant to Permit Condition D.2.6(d), Respondent shall calibrate or replace the Baghouse Pressure Drop gauges every six (6) months.

Respondent failed to complete the calibration or replace the gauges on the baghouse units identified as CD-4, CD-7, CD-10, CD-11, and CD-12, in violation of Permit Condition D.2.6(d).

c. Pursuant to Permit Condition D.3.3(a), Respondent shall perform daily inspections to verify the placement, integrity and particle loading of the dry filters along with weekly observations of the overspray from the rotary coating booth stack while the unit is in operation.

Respondent failed to conduct the daily dry filter inspections and the weekly overspray observations for the rotary coating booth stack from September 2019 through March 2020, in violation of Permit, Condition D.3.3(a).

d. Pursuant to Permit Condition D.3.3(b), Respondent shall perform monthly inspections of the coating emissions and the presence of overspray on the rooftops and nearby ground from the rotary coating booth stack.

Respondent failed to perform the monthly inspections of overspray for the rotary coating booth stack for February 2020, in violation of Permit Condition D.3.3(b).

e. Pursuant to Permit Condition D.3.4(a), Respondent shall maintain a log of the daily filter inspections, and the weekly and monthly overspray observations for the rotary coating booth.

Respondent failed to maintain a log of the daily dry filter inspections, and the weekly and monthly overspray observations for the rotary coating booth from September 2019 through March 2020, in violation of Permit Condition D.3.4(a).

6. 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 adopted via signature by Complainant or Complainant’s delegate, and the adopted Agreed Order has been received by Respondent. This Agreed Order shall have no force or effect until the Effective Date. This offer to settle the allegations contained in this Agreed Order does not bind or obligate the parties of this enforcement action if the Agreed Order is not adopted.

2. Respondent is assessed a civil penalty of Five Hundred Dollars ($500.00). Respondent shall pay said penalty amount no later than fifteen (15) days after the Effective Date (“Due Date”). In the event that the civil penalty is not paid by the Due Date, Respondent shall pay interest on the unpaid balance at the rate established by IC 24-4.6-1-101.

3. In the event the terms and conditions of this Agreed Order are violated, Complainant may seek additional relief.

4. 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:

Indiana Department of Environmental Management

Accounts Receivable

IGCN, Room 1340

100 North Senate Avenue

Indianapolis, IN 46204

5. 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.

6. 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.

7. 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.

8. 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.

9. 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.

10. Nothing in this Agreed Order shall prevent IDEM or anyone acting on its behalf from communicating with the United States Environmental Protection Agency (“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.

11. The parties were free to consult with their respective counsel regarding entry into this Agreed Order to the extent each deemed necessary.

TECHNICAL RECOMMENDATION:			RESPONDENT:*
Department of Environmental Management			Plycem USA, LLC
By:			By:
	David P. McIver, Chief		Printed:
	Enforcement Section		Title:
	Office of Air Quality
			Date:
APPROVED AND ADOPTED BY THE INDIANA DEPARTMENT OF ENVIRONMENTAL
MANAGEMENT THIS		DAY OF		, 2020.
			For the Commissioner:
			Signed on November 2, 2020
			Matthew Stuckey, Deputy Assistant Commissioner
			Office of Air Quality Indiana Department of Environmental Management

_____________________

* In the event that Respondent does not accept the settlement offer contained in this Agreed Order, IDEM notes that this document is a qualified offer of settlement, and therefore Rule 408 of Indiana Rules of Evidence applies to this document, rendering it inadmissible.