STATE OF INDIANA

)

SS:

BEFORE THE INDIANA DEPARTMENT OF

 

)

 

 

COUNTY OF MARION

)

 

ENVIRONMENTAL MANAGEMENT

 

COMMISSIONER OF THE DEPARTMENT

)

 

OF ENVIRONMENTAL MANAGEMENT,

 

)

 

 

 

)

 

Complainant,

 

)

 

 

 

)

 

 

v.

 

)

Case Nos. 2020-27198-A

 

 

)

                  2021-27566-A

INDUSTRIAL STEEL CONSTRUCTION,

 

)

 

INC.,

 

)

 

Respondent.

 

)

 

 

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 Indiana Code (“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 IC 13-13-1-1.

 

2.               Respondent is Industrial Steel Construction, Inc. (“Respondent”), which owns and operates a stationary miscellaneous metal working and bridge beam fabrication source with Plant ID No. 089-00161, located at 86 North Bridge Street, in Gary, Lake 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”) in conjunction with this Agreed Order via Electronic Mail to:

 

 

Industrial Steel Construction, Inc.           Corporation Service Company,

Attn: Joseph R. Hish, President              Registered Agent

PO Box 323                                          135 North Pennsylvania, Suite 1610

Geneva, IL 60134                                  Indianapolis, IN 46204

jhish@iscbridge.com                             sop@cscglobal.com

 

5.               During an investigation including an inspection on July 2, 2020 conducted by a representative of IDEM, the following violations were found:

 

Based on the Enforcement Action Letter issued to Respondent on July 17, 2020, case number 2020-27198-A contains the following violations:

 

a.               Pursuant to Part 70 Operating Permit No. 089-40823-00161, Condition D.1.4(a), no later than five (5) years after the most recent valid compliance demonstration, the Permittee shall perform PM, PM10, and PM2.5 testing on one (1) of the mechanical blasters, EU #1, EU #2, EU #18, EU #21, or EU #23 to verify compliance with Conditions D.1.1 and D.1.2, utilizing methods as approved by the Commissioner.

 

Respondent failed to conduct compliance testing on mechanical blaster EU#2 no later than April 8, 2019, in violation of Part 70 Operating Permit No. 089-40823-00161, Condition D.1.4(a).

 

b.               Pursuant to Part 70 Operating Permit No. 089-37620-00161, Condition D.1.8(b) and corresponding conditions in subsequent permits, Respondent shall record the pressure drop across the baghouses used in conjunction with the abrasive blasting processes, at least once per day when the blasting processes are in operation when venting to the atmosphere.

 

Respondent failed to record pressure drop information for EU#1 from November 1, 2018 to March 31, 2019, in violation of Part 70 Operating Permit No. 089-37620-00161, Condition D.1.8(b) and corresponding conditions in subsequent permits.

 

c.               Pursuant to 326 IAC 2-2, no new major stationary source or major modification to which the requirements of sections 3 through 5, 7, 8(a), 10, 14, and 15 of this rule apply shall begin actual construction without a permit that states that the major stationary source or major modification will meet the requirements of sections 3 through 5, 7, 8(a), 10, 14, and 15 of this rule.

 

Pursuant to 326 IAC 2-7-10.5, an operator or owner of a Part 70 source proposing to construct or modify emission units shall submit a request for a modification approval in accordance with this section.

 

Pursuant to 326 IAC 2-7-12, an owner or operator of a Part 70 source shall obtain a permit modification prior to operation of new or modified emission units.

 

Respondent made modifications to mechanical blaster EU#1 prior to applying for and receiving modification approval, in violation of 326 IAC 2-2, 326 IAC 2-7-10.5, and 326 IAC 2-7-12.

 

d.               Pursuant to 326 IAC 2-2, no new major stationary source or major modification to which the requirements of sections 3 through 5, 7, 8(a), 10, 14, and 15 of this rule apply shall begin actual construction without a permit that states that the major stationary source or major modification will meet the requirements of sections 3 through 5, 7, 8(a), 10, 14, and 15 of this rule.

 

Pursuant to 326 IAC 2-7-10.5, an operator or owner of a Part 70 source proposing to construct or modify emission units shall submit a request for a modification approval in accordance with this section.

 

Pursuant to 326 IAC 2-7-12, an owner or operator of a Part 70 source shall obtain a permit modification prior to operation of new emission units.

 

Respondent constructed and operated metalizing operation EU#28, thirty-six (36) oxymethane and six (6) DB plasma cutting torches prior to applying for, and receiving construction and operation approval, in violation of 326 IAC 2-2, 326 IAC 2-7-10.5, and 326 IAC 2-7-12.

 

Based on the Enforcement Action Letter issued to Respondent on January 5, 2021, case number 2021-27566-A contains the following violation:

 

e.               Pursuant to 326 IAC 2-7-4(a)(1)(D), and condition B.16(b) of Part 70 Permit Number 089-36385-00161, for purposes of a Part 70 permit renewal, a timely application is one that is submitted at least nine (9) months prior to the date of expiration of the source’s existing permit.

 

Based upon IDEM’s review, the Part 70 permit for this source expires on March 14, 2021; accordingly a renewal application was due on or before June 14, 2020.  IDEM did not receive a renewal application by June 14, 2020 in violation of 326 IAC 2-7-4(a)(1)(D) and permit condition B.16(b) of Part 70 Permit 089-36385-00161.

 

6.               Respondent conducted compliance testing on mechanical blaster EU#2 on May 21, 2019 with the results indicating compliance.

 

7.               Respondent was issued Part 70 Significant Source Modification 089-43228-00161 on March 03, 2021 and Part 70 Renewal 089-43131-00161 on March 19, 2021 which incorporated the previously unpermitted units.

 

8.               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.               Respondent shall comply with Part 70 Operating Permit No. 089-43131-00161 unless superseded by a renewal or revision.

 

3.               All submittals required by this Agreed Order, unless IDEM notifies the Respondent otherwise in writing, shall be sent to:

 

Jennifer Bailey, Senior Enforcement Case Manager

Office of Air Quality

Indiana Department of Environmental Management

100 North Senate Avenue

Indianapolis, IN 46204-2251

Jbailey2@idem.in.gov

 

4.               Pursuant to IC 13-30-4-1, Respondent is assessed and agrees to pay a civil penalty of Ten Thousand Two Hundred Dollars ($10,200.00).  Said penalty amount shall be due and payable to the Environmental Management Special Fund within thirty (30) days of the Effective Date; the thirtieth 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:

 

Indiana Department of Environmental Management

Accounts Receivable

IGCN, Room 1340

100 North Senate Avenue

Indianapolis, IN 46204

 

6.               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.

 

7.               Signatories to this Agreed Order certify that they are fully authorized to execute this Agreed Order and legally bind the party they represent.

 

8.               This Agreed Order shall apply to and be binding upon Respondent and all successors and assigns. Respondent shall provide a copy of this Agreed Order, if in force, to any subsequent owners, successors, or assigns before ownership rights are transferred.

 

9.               No change in ownership, corporate, or partnership status of Respondent shall in any way alter the Respondent’s status or responsibilities under this Agreed Order.

 

10.           Respondent shall ensure that all contractors, firms, and other persons performing work under this Agreed Order comply with the terms of this Agreed Order.

 

11.           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.

 

12.           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 the obligation to comply with the requirements of any applicable permits or any applicable Federal or State laws or regulations.

 

13.           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.

 

14.           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 violations specified in the NOV.

 

15.           Nothing in this Agreed Order shall prevent IDEM or anyone acting on its behalf from communicating with the U.S. Environmental Protection Agency (“U.S. 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 U.S. EPA or any other agency or entity.

 

16.           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.

 

 

TECHNICAL RECOMMENDATION:

 

RESPONDENT:

Department of Environmental Management

 

Industrial Steel Construction, Inc.

 

 

 

By:

 

 

By:

 

 

David P. McIver, Chief

 

Printed:

 

 

Enforcement Section

 

Title:

 

 

Office of Air Quality

 

 

 

Date:

 

 

Date:

 

 

 

 

 

 

 

 

 

COUNSEL FOR COMPLAINANT:

 

COUNSEL FOR RESPONDENT:

For the Department of Environmental Management

 

 

 

 

 

By:

 

 

By:

 

 

 

 

 

 

 

 

 

 

 

Date:

 

 

Date:

 

 

 

 

 

 

APPROVED AND ADOPTED BY THE INDIANA DEPARTMENT OF ENVIRONMENTAL

MANAGEMENT THIS

 

DAY OF

 

, 2023.

 

 

For the Commissioner:

 

 

 

Signed on May 11, 2023

 

Matthew Stuckey

 

Assistant Commissioner

 

Office of Air Quality

Indiana Department of Environmental Management