STATE OF INDIANA ) BEFORE THE INDIANA DEPARTMENT

) SS: OF ENVIRONMENTAL MANAGEMENT

COUNTY OF MARION )

COMMISSIONER OF THE DEPARTMENT )

OF ENVIRONMENTAL MANAGEMENT, )

)

Complainant, )

)

v. ) Case No. 2001-10210-A

)

HONEYWELL INTERNATIONAL, INC., )

)

Respondent. )

The Complainant and the 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.

1. Complainant is the Commissioner ("Complainant") of the Indiana Department of Environmental Management, a department of the State of Indiana created by IC 13-13-1-1.

2. Respondent is Honeywell International, Inc. ("Respondent"), which owns and operates the aircraft landing system manufacturing operation located at 3520 Westmoor Street, in South Bend, Indiana ("Site").

3. The Indiana Department of Environmental Management ("IDEM") has jurisdiction over the parties and the subject matter of this action.

4. Pursuant to IC 13-30-3-3, on May 29, 2001 IDEM issued a Notice of Violation via Certified Mail to:

Michael R. Bonsignore, President C T Corporation System, Registered Agent

Honeywell International Inc. Honeywell International Inc.

101 Columbia Road 36 South Pennsylvania Street, Suite 700

Morristown, NJ 07962 Indianapolis, IN 46204

5. Compliance testing, on April 28, 1999 and September 8, 1999, was observed at the Site by a representative of IDEM's Office of Air Quality. The following violations were in existence or observed at the time of this testing:

a. Pursuant to Operation Permit No. 141-9999-00172 condition No. D.2.2(a), carbon monoxide emissions from each enclosed flare shall be limited to 1.97 pounds per hour. During compliance stack tests conducted on April 28, 1999 and September 8, 1999, averaged measured carbon monoxide emissions exceeded 1.97 pounds per hour, violations of Operation Permit No. 141-9999-00172 condition No. D.2.2(a).

6. On September 8, 1999 Respondent performed a second compliance stack test at the enclosed flares. During this test the flare was operated at or above 1000 degrees Centigrade. At this temperature CO emissions from the flare, which measured 1.46 pounds per hour during this test, were in compliance with Operation Permit No. 141-9999-00172 condition No. D.2.2(a). Based on these test results a minimum operating temperature of 1000 degrees Centigrade was incorporated into Permit Modification 141-9999-00172, which was issued to Respondent on October 20, 1999.

7. In recognition of the settlement reached, Respondent waives any right to administrative and judicial review of this Agreed Order.

1. This Agreed Order shall be effective ("Effective Date") when it is approved by the Complainant or her delegate, and has been received by the Respondent. This Agreed Order shall have no force or effect until the Effective Date.

2. Respondent shall comply with all applicable operation permit conditions.

3. All submittals required by this Agreed Order, unless notified otherwise in writing, shall be sent to:

Matthew Stuckey, Enforcement Case Manager

Office of Enforcement

Indiana Department of Environmental Management

100 N. Senate Avenue

P. O. Box 6015

Indianapolis, IN 46206-6015

4. Respondent is assessed a civil penalty of Eighteen Thousand Dollars ($18,000). Said penalty amount shall be due and payable to the Environmental Management Special Fund within 30 days of the Effective Date of this Agreed Order.

5. Civil penalty is payable by check to the Environmental Management Special Fund. Checks shall include the Cause Number of this action and shall be mailed to:

Cashier

IDEM

100 N. Senate Avenue

P. O. Box 7060

Indianapolis, IN 46207-7060

6. In the event that the civil penalty required by Order paragraph 4, is not paid within thirty (30) days of the Effective Date of this Agreed Order, Respondent shall pay interest on the unpaid balance at the rate established by IC 24-4.6-1-101. The interest shall continue to accrue until the civil penalty is paid in full.

7. This Agreed Order shall apply to and be binding upon the Respondent, its successors and assigns. The Respondent's signatories to this Agreed Order certify that they are fully authorized to execute this document and legally bind the parties they represent. No change in ownership, corporate, or partnership status of the Respondent shall in any way alter its status or responsibilities under this Agreed Order.

8. In the event that any terms of the 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 the Agreed Order did not contain the invalid terms.

9. The Respondent shall provide a copy of this Agreed Order, if in force, to any subsequent owners or successors before ownership rights are transferred. Respondent shall ensure that all contractors, firms and other persons performing work under this Agreed Order comply with the terms of this Agreed Order.

10. This Agreed Order shall remain in effect until Respondent has complied with all terms and conditions of this Agreed Order.

TECHNICAL RECOMMENDATION: RESPONDENT:

Department of Environmental Management Honeywell International, Inc.

By: By:

David P. McIver

Chief, Air Section Printed:

Office of Enforcement

Title:

Date: Date:

COUNSEL FOR COMPLAINANT: COUNSEL FOR RESPONDENT:

Department of Environmental Management

By: By:

Office of Legal Counsel

Department of Environmental

Management

Date: Date:

APPROVED AND ADOPTED BY THE INDIANA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT THIS DAY OF , 2001.

For the Commissioner:

(Signed on 1/23/02)

Felicia A. Robinson

Deputy Commissioner

for Legal Affairs