Document M4ZKY7evybe53y4vnJ9MgLGYx

UNITED STATES ENVIRONMENTAL PROTECTION AGENCY REGION 5 77 WEST JACKSON BOULEVARD CHICAGO, IL 60604-3590 NOV O8 28t8 REPLY TO THE ATTENTION OF: CERTIFIED MAIL RETURN RECEIPT REQUESTED Alex Gross, Owner Whiting Metals, LLC 2230 Indianapolis Boulevard Hammond, Indiana 463 94 Re: Notice ofViolation Whiting Metals, LLC Hammond, Indiana Dear Mr. Gross: The U.S. Environmental Protection Agency is issuing the enclosed Notice of Violation (NOV) to Whiting Metals, LLC (you) under Section 113(a)(l) ofthe Clean Air Act, 42 U.S.C. 7413(a)(l). We find that you are violating the Indiana State Implementation Plan at your Hammond, Indiana facility. Section 113 of the Clean Air Act gives us several enforcement options. These options include issuing an administrative compliance order, issuing an administrative penalty order and bringing a judicial civil or criminal action. We are offering you an opportunity to confer with us about the violations alleged in the NOV. The conference will give you an opportunity to present information on the specific findings of violation, any efforts you have taken to comply and the steps you will take to prevent future violations. In addition, in order to make the conference more productive, we encourage you to submit to us information responsive to the NOV prior to the conference date. Please plan for your facility's technical and management personnel to attend the conference to discuss compliance measures and commitments. You may have an attorney represent you at this conference. Recycled/Recyclable Printed with Vegetable Oil Based Inks on 100% Recycled Paper (100% Post Consumer) The EPA contact in this matter is Sarah Clark. You may call her at (312) 886-9733 to request a conference. You should make the request within 10 calendar days following receipt ofthis letter. We should hold any conference within 30 calendar days following receipt of this letter. ~ 2~t, Edward Nam j' Director Air and Radiation Division Enclosure: SBREFA fact sheet cc: Phil Perry, Chief, Air Compliance Branch Indiana Department of Environmental Management UNITED STATES ENVIRONMENTAL PROTECTION AGENCY REGIONS IN THE MATTER OF: Whiting Metals, LLC Hammond, Indiana Proceedings Pursuant to Section 113(a)(l) of the Clean Air Act, 42 U.S.C. 7413(a)(l) ) ) ) NOTICE OF VIOLATION ) ) EPA-5-19-IN-03 ) ) ) ) NOTICE OF VIOLATION The U.S. Environmental Protection Agency (EPA) is issuing this Notice of Violation under Section l 13(a)(l) of the Clean Air Act, 42 U.S.C. 7413(a)(l). EPA finds that Whiting Metals, LLC (Whiting) is violating the Indiana State Implementation Plan (SIP), as follows: Statutory and Regulatory Background 1. The CAA, 42 U.S.C 7401, et seq., and the regulations promulgated thereunder, establish a statutory and regulatory scheme designed to protect and enhance the quality of the nation's air so as to promote the public health and welfare and the productive capacity of its population. National Ambient Air Quality Standards 2. Pursuant to Sections 108 and 109 of the CAA, 42 U.S.C. 7408 and 7409, EPA revised the National Ambient Air Quality Standards (NAAQS) for lead on November 12, 2008. 73 Fed. Reg. 67052 (2008). The revised national primary and secondary ambient air quality standards for lead and its compounds are 0.15 micrograms per cubic meter (g/m3), arithmetic mean concentration over a 3-month period. See 40 C.F.R. 50.16. EPA revised the primary NAAQS for lead to provide increased protection for children and other at-risk populations against an array of adverse health effects, most notably including neurological effects in children. EPA revised the secondary standard to be identical to the revised primary standard. 3. Section 110 of the CAA, 42 U.S.C. 7410, requires each state to adopt and submit to EPA a plan that provides for the implementation, maintenance, and enforcement of primary and secondary NAAQS in the state. Upon approval by EPA, the plan becomes a part of the applicable SIP for the state. Indiana State Implementation Plan 4. On November 27, 1981, EPA approved 326 Indiana Administrative Code (IAC) 1-3-1 as part of the federally enforceable SIP for Indiana. 46 Fed. Reg. 57895. 5. 326 IAC 1-3-1 states: (a) "The purpose of this rule (326 IAC 1-3) is to establish primary and secondary ambient air quality standards for the state of Indiana to the extent necessary to protect public health and welfare, and which are consistent with the intent and provisions of the Indiana law; (b) Further, in accordance with provisions of the Clean Air Act, and 40 C.F.R. Part 50, this is a rule promulgating both primary and secondary air quality standards that are applicable throughout the entire state." 6. On July 31, 2018, EPA approved 326 IAC 1-3-4 as part of the federally enforceable SIP for Indiana. 83 Fed. Reg. 36751. 7. 326 IAC l-3-4(b)(6) states that the ambient air quality standards for lead (Pb) are as follows: "For primary and secondary standards, the following value represents the maximum permissible ambient air quality level: fifteen-hundredths micrograms per cubic meter (0.15 g/m3), arithmetic mean concentration over a three (3) month period." 8. On July 5, 1995, EPA approved 326 IAC 1-2-28.5 as part of the federally enforceable SIP for Indiana. 60 Fed. Reg. 34856. 9. 326 IAC 1-2-28.5 defines "Federally enforceable" as all limitations and conditions which are enforceable by the U.S. EPA administrator, including those requirements developed for: (3) Requirements within any applicable state implementation plan. Factual Background 10. Whiting owns and operates a nonferrous metals recycling facility at 2230 Indianapolis Boulevard, Hammond, Indiana (the Facility). 11. On December 22, 2017, the Indiana Department of Environmental Management (IDEM) Air Program renewed a I 0-year Minor Source Operating Permit, #M089-38 l 68-00262, submitted by Whiting for the Facility (2017 MSOP). 12. Operations at the Facility primarily include a "Lead Solder Alloying Process," described in Section D.l of the 2017 MSOP, which consists of the following process units: Reverberatory Furnace F3, Sweat Kettles K6, Kl 0, Kl 1, Kl 5, and Cast Iron Melting Pots Kl2, Kl3, Kl4. 13. Emissions for the Lead Solder Alloying Process are vented.to an American Bag Filter Dust Collector System (Dust Collector) for particulate control. 14. The 2017 MSOP lists the annual uncontrolled potential to emit Pb from the Lead Solder Alloying Process as 3.78 tons per year. 15. Emissions from Whiting's Facility, including, but not limited to, the Lead Solder Alloying Process, are subject to the Pb NAAQS in the Indiana SIP at 326 IAC l-34(b )(6). 16. On August 3, 2018, IDEM began monitoring 24-hour Pb total suspended particulate matter (Pb-TSP), in accordance with 40 C.F .R. Part 50, Appendix R, using a reference 2 method based on 40 C.F .R. Part 50, Appendix G, and designated in accordance with 40 C.F.R. Part 53, at an ambient monitoring station located at the Hammond Sanitary District's Goose Island Pumping Station, which is situated across the George Lake Trail to the North/Northeast of the Facility (IDEM Monitor). 17. On September 14, 2018, EPA and IDEM jointly inspected the Whiting Facility. During the inspection, a Whiting representative informed inspectors that the Facility starts operating between 5:00 am and 7:00 am and continues through approximately 3:00 pm Monday through Friday. 18. Based on a three-month arithmetic mean Pb concentration from August through October of 2018, EPA determined that the NAAQS for lead had been exceeded at the IDEM Monitor. The three-month arithmetic mean Pb concentration at the IDEM Monitor was 0.31 g/m3 19. The highest Pb concentrations occurred during hours with southwesterly winds (as recorded at the nearest meteorological station in Hammond, Indiana). The Whiting Facility is located southwest of the IDEM Monitor. 20. On October 12, 2018, EPA installed and began operating an Xact monitor (Xact) and a meteorological tower, collocated with the IDEM Monitor, to record hourly concentrations of speciated metals, including Pb, and hourly meteorological data. 21. The hourly Xact data shows that the highest Pb concentrations occurred Monday through Friday between approximately 6:00 am and 3:00 pm during hours with southwesterly winds (as recorded at the meteorological tower collocated with the Xact and IDEM Monitors). Violations 22. Whiting caused or allowed the emission oflead into the air so as, either alone or in combination with contaminants from other sources, to cause air pollution in Indiana and to prevent the attainment or maintenance of the revised NAAQS for lead (0.15 g/m3), in violation of the Indiana SIP at 326 IAC l-3-4(b)(6). 3 Environmental Impact of Violations 23. This violation is associated with excess emissions of lead. Once lead enters the body it distributes through blood and is accumulated in the bones. Depending on the level of exposure, lead can adversely affect the nervous system, kidney function, immune system, reproductive and developmental systems and the cardiovascular system. Lead exposure also affects the oxygen carrying capacity of the blood. The most common lead effects are neurological effects in children and cardiovascular effects (e.g., high blood pressure and heart disease) in adults. Infants and young children are especially sensitive to lead, which may contribute to behavioral problems, learning deficits and lowered IQ. Director Air and Radiation Division 4 &EPA United States Environmental Protection Agency Office of Enforcement and Compliance Assurance EPA-300-B-17-001 June 2017 . . U.S. EPA Small Business Resources Information Sheet The United States Environmental Protection Agency provides an anay ofresources to help small businesses understand and comply with federal and state environmental laws. In addition to helping small businesses understand their environmental obligations and improve compliance, these resources will also help such businesses find cost-effective ways to comply through pollution prevention techniques and innovative technologies. Office of Small and Disadvantaged Business Utilization (OSDBU) www.epa.gov/aboutepa/about-offices m a11-and-d isadvantaged-bus inessuti Iization-osdbu EPA's OSBBU advocates and advances business, regulatory, and environmental compliance concerns of smal1and socio-economically disadvantaged businesses. EPA's Asbestos Small Business Ombudsman (ASBO) www.epa.gov/resources-smallbusinesses/asbestos-sma11-businessombudsman or 1-800-368-5888 The EPA ASBO serves as a conduit for small businesses to access EPA and facilitates communications between the small business community and the Agency. Small Business Environmental Assistance Program https://nationalsbeap.org This program provides a " one-stop shop" for small businesses and assistance providers seeking infonnation on a wide range of environmental topics and statespecific environmental compliance assistance resources. EPA's Compliance Assistance Homepage www.epa.gov/compliance This page is a gateway to industry and statute-specific environmental resources, from extensive web-based infonnation to hotlines and compliance assistance specialists. Compliance Assistance Centers www.complianceassistance.net EPA sponsored Compliance Assistance Centers provide infonnation targeted to industries with many small businesses. They were developed in partnership with industry, universities and other federal and state agencies. Agriculture www.epa.gov/agriculture Automotive Recycling www.ecarcenter.org Automotive Service and Repair www.ccar-greenlink.org or 1-888GRN-LINK Chemical Manufacturing www.chemal liance.org Construction www.cicacenter.org Education www .campuserc .o r g Food Processing www.fpeac.org Healthcare www.hercenter.org Local Government www.lgean .o r g Surface Finishing http://www.sterc.org Paints and Coatings www.paintcenter.org Printing www.pneac.org Ports www.portcompliance.org Transportation www.tercenter.org U.S. Border Compliance and Import/Export Issues www.bordercenter.org EPA Hotlines and Clearinghouses www.epa.gov/home/epa-hotlines EPA sponsors many free hotlines and clearinghouses that provide convenient assistance regarding environmental requirements. Examples include: Clean Air Technology Center (CATC) Info-line www.epa.gov/catc or 1-9 19-541-0800 Superfund, TRI, EPCRA, RMP, and Oil Information Center 1-800-424-9346 EPA Imported Vehicles and Engines Public Helpline www.epa.gov/otaq/imports or 1- 734-214- 4 100 National Pesticide Information Center www.npic.orst.edu or 1-800-858-7378 National Response Center Hotline to report oil and hazardous substance spills http://nrc.uscg.mil or 1-800-424-8802 Pollution Prevention Information Clearinghouse (PPIC) www.epa.gov/p2/pollution-preventionresources#ppic or 1-202-566-0799 Safe Drinking Water Hotline www.epa.gov/ground-water-and-drinkingwater/safe-drinking-water-hotl ine or 1800-426-479 l Toxic Substances Control Act (TSCA) Hotline tsca-hotline@epa.gov or 1-202-554-1404 --- - - - . -- ; -- -- - -- - - ,, ' I I 1" - I ------- Small Entity Compliance Guides https :// w w w .epa.gov/reg-tlex/sma II-e ntity-comp lia ncegu ides EPA publishes a Small Entity Compliance Guide (SECG) for every rule for which the Agency has prepared a final regulatory flexibility analysis, in accordance with Section 604 of the Regulatory Flexibility Act (RFA). Regional Small Business Liaisons www.epa.gov/resources-small-businesses/epa-regio naloffice-smalI-business-1 iaisons The U.S. Environmental Protection Agency (EPA) Regional Small Business Liaison (RSBL) is the primary regional contact and often the expe1i on small business assistance, advocacy, and outreach. The RSBL is the regional voice for the EPA Asbestos and Small Business Ombudsman (ASBO). State Resource Locators www .envcap.org/statetoo ls The Locators provide state-specific contacts, regulations and resources covering the major environmental laws. State Small Business Environmental Assistance Programs (SBEAPs) https://nationalsbeap.org/states/1 ist State SBEAPs help small businesses and assistance providers understand environmental requirements and sustainable business practices through workshops, trainings and site visits. EPA's Tribal Portal w w w .epa.gov/tribalporta l The Portal helps users locate tribal-related information within EPA and other federal agencies. EPA Compliance Incentives EPA provides incentives for environmental compliance. By participating in compliance assistance programs or voluntarily disclosing and promptly correcting violations before an enforcement action has been initiated, businesses may be eligible for penalty waivers or reductions. EPA has two such policies that may apply to small businesses: EPA's Small Business Compliance Policy w w w.epa.gov/enforcement/small - bus inesses- andenforcement EPA's Audit Policy www.epa.gov/compliance/epas-audit-policy Commenting on Federal Enforcement Actions and Compliance Activities The Small Business Regulatory Enforcement Fairness Act (SBREFA) established a SBREFA Ombudsman and 10 Regional Fairness Boards to receive comments from small businesses about federal agency enforcement actions. If you believe that you fall within the Small Business Administration's definition of a small business (based on your North American Industry Classification System designation, number of employees or annual receipts, as defined at 13 C.F.R. 121.201 ; in most cases, this means a business with 500 or fewer employees), and wish to comment on federal enforcement and compliance activities, call the SBREFA Ombudsman's toll-free number at 1-888-REG-FAIR (l-888-734-3247). Every small business that is the subject of an enforcement or compliance action is entitled to comment on the Agency's actions without fear of retaliation. EPA employees are prohibited from using enforcement or any other means of retaliation against any member of the regulated community in response to comments made under SBREFA. Your Duty to Comply Ifyou receive compliance assistance or submit a comment to the SBREFA Ombudsman or Regional Fairness Boards, you still have the duty to comply with the law, including providing timely responses to EPA information requests, administrative or civil complaints, other enforcement actions or communications. The assistance information and comment processes do not give you any new rights or defenses in any enforcement action. These processes also do not affect EPA's obligation to protect public health or the environment under any of the environmental statutes it enforces, including the right to take emergency remedial or emergency response actions when appropriate. Those decisions will be based on the facts in each situation. The SBREFA Ombudsman and Fairness Boards do not paiiicipate in resolving EPA' s enforcement actions. Also, remember that to preserve your rights, you need to comply with all rules governing the enforcement process. EPA is disseminating this information to you without making a determination that your business or organization is a small business as defined by Section 222 of the Small Business Regulatory Enforcement Fairness Act or relatedprovisions. June 20 l 7 - -- - - -- - - - - - -- -- -- -- - - - - -- - - - -- - Page 2 CERTIFICATE OF MAILING I certify that I sent a Notice of Violation, No. EPA-5-19-IN-03, by Certified Mail, Return Receipt Requested, to: Alex Gross, Owner Whiting Metals, LLC 2230 Indianapolis Boulevard Hammond, Indiana, 46394 I also certify that I sent copies of the Notice of Violation by first-class mail to: Phil Perry, Chief, Air Compliance Branch Indiana Department of Environmental Management PPERRY@idem.IN.gov On the ~ day of IJOL!Mib.o-(L 2018. Kathy Jones Program Technician AECAB,PAS CERTIFIEDMAILRECEIPTNUMBER: 7011 65-00 boob lci2S1 !1gfo