Via Certified Mail# Via Certified Mail#
To: Kazuo Sato, President Mr. Joseph M. Black, Jr., Registered Agent
Kobelco Metal Powder of America, Inc. For Kobelco Metal Powder of America, Inc.
1625 Bateman Drive 115 West Tipton
Seymour, IN 47274 Seymour, IN 47274
Based on investigation by designated representatives of the Indiana Department of Environmental Management (IDEM) on November 14, 2001, April 25, 2002, and May 2, 2002, Kobelco Metal Powder of America, Inc. ("Respondent"), which owns and operates an electric arc furnace (EAF); a classifying facility; and a packaging facility at its powdered metal fabrication plant, located at 1625 Bateman Drive in Seymour, Indiana, Jackson County, was in violation of the following environmental statute(s), rule(s), and/or permit(s):
A. Pursuant to 326 IAC 12, incorporating by reference 40 CFR 60.272a(a)(3), and Minor Source Modification number 071-12222-00016 condition D.1.1, no owner or operator of an EAF shall cause to be discharged into the atmosphere from the EAF any gases, which exit from the shop due solely to the operation of the EAF, exhibiting six percent (6%) opacity or greater.
The EAF at this facility, on November 14, 2001, allowed a discharge into the atmosphere from the EAF gases, which exited from the roof monitor due solely to the operation of the EAF and exhibited opacity in excess of 6%, violations of 326 IAC 12, incorporating by reference 40 CFR 60.272a(a)(3), and Minor Source Modification number 071-12222-00016 condition D.1.1.
Respondent failed to control the metal powder classifying facility, while operating it since the facility's original construction, a violation of the construction permit.
Respondent failed to control portions of the packaging facility by the BS-3 baghouse, while operating it since the facility's original construction, a violation of the construction permit.
Respondent allowed foreign materials in the scrap on April 25 and May 2, 2002, violations of the construction permit.
In accordance with IC 13-30-3-3, the Commissioner is required to notify an alleged violator in writing that a violation may exist and offer an opportunity to enter into an Agreed Order providing for the actions required to correct the violations and for the payment of a civil penalty. The Commissioner is not required to extend this offer for more than sixty (60) days.
Entering into an Agreed Order will prevent the issuance of a Notice and Order of the Commissioner under IC 13-30-3-4, or the filing of a civil court action under IC 13-14-2-6. IDEM encourages settlement by Agreed Order, thereby saving time and resources. Timely settlement by Agreed Order may result in a reduced civil penalty. Settlement discussions will also allow the opportunity to present any mitigating factors that may be relevant to the violations. In addition, as provided in IC 13-30-3-3, an alleged violator may enter into an Agreed Order without admitting that the violation occurred.
If settlement is not reached within sixty (60) days of receipt of this Notice of Violation, the Commissioner may issue a Notice and Order containing the actions that must be taken to achieve compliance, the required time frames, and an appropriate civil penalty. Pursuant to IC 13-30-4-1, the Commissioner may assess penalties of up to $25,000 per day for each violation.
To discuss this matter further, please contact Mr. Michael Stonik at (317) 233-0033 within fifteen (15) days after receipt of this Notice to request a conference. If settlement is reached, an Agreed Order will be prepared and sent for review and signature.
For the Commissioner:
Signed on May 21, 2003
Date:
Felicia A. Robinson
Deputy Commissioner
for Legal Affairs
cc: Jean Bauer, US EPA Region 5
Jackson County Health Department
Jay Rodia, Office of Legal Counsel
Michael Stonik, Office of Enforcement
Richard Sekula, Office of Air Quality
Enforcement File
Public File
http://www.in.gov/idem/enforcement/