Calumite Company LLC, Making False Statements, Indiana 2008

Portage, Indiana – Calumite Company LLC, a manufacturer of additives for the glass industry, has been sentenced following a guilty plea to federal charges of making false statements under the Clean Air Act. The company knowingly falsified emissions data submitted to state regulators, a scheme that spanned nearly eight months in 2008 and 2009.

According to court documents, Calumite’s Portage facility operates under a Title V Clean Air Act Operating Permit issued by the Indiana Department of Environmental Management (IDEM). This permit requires the use and proper maintenance of “baghouses” – pollution control devices designed to capture particulate matter released during the manufacturing process. Specifically, the “loadout baghouse” was intended to filter emissions when loading finished product onto trucks and railcars.

The investigation, led by the Northern District of Indiana Environmental Crimes Task Force and the EPA’s Criminal Investigation Division, revealed that the loadout baghouse was non-operational, with a critical differential pressure (DP) gauge broken, from December 5, 2008, through late July 2009. Despite this, Calumite employees deliberately fabricated daily readings on maintenance logs, falsely indicating the baghouse was functioning within permitted parameters. These falsified logs were then used in quarterly reports submitted to IDEM, misleading regulators about the company’s compliance with environmental regulations.

Federal prosecutors argued that Calumite’s actions constituted a criminal violation of 42 U.S.C. 7413(c)(2)(A), which prohibits knowingly making false statements in documents required under the Clean Air Act. The company’s deliberate deception aimed to avoid scrutiny and potential penalties for exceeding allowable emissions limits. The case highlights the EPA’s commitment to pursuing environmental crimes and holding polluters accountable.

On September 18, 2014, Calumite Company LLC pled guilty to two counts of the aforementioned violation. On June 26, 2015, the company was sentenced to a two-year term of probation and ordered to pay a $325,000 fine. As part of the sentencing, Calumite is also required to implement a comprehensive environmental compliance plan, including annual training programs for employees.

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Key Facts

Defendant: Calumite Company LLC
Crime: Clean Air Act False Statement Violations
Location: Portage, Indiana
Dates of Violation: December 5, 2008 – late July 2009
Statute Violated: 42 U.S.C. 7413(c)(2)(A)
Penalties: $325,000 fine, two years probation, environmental compliance plan
Investigating Agencies: U.S. EPA Criminal Investigation Division, Northern District of Indiana Environmental Crimes Task Force

This case serves as a stark reminder that falsifying environmental data is a serious federal offense. The EPA continues to prioritize investigations into companies that prioritize profit over environmental protection and public health. The agency urges anyone with information about potential environmental violations to report it to the EPA’s National Enforcement Hotline.

Source: EPA ECHO Enforcement Case Database

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