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STATE OF |
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BEFORE THE INDIANA
DEPARTMENT |
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COMMISSIONER OF THE
DEPARTMENT Complainant, v. PREGIS INNOVATIVE
PACKAGING, INC., Respondent. |
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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.
I.
FINDINGS OF FACT
1.
Complainant is
the Commissioner (“Complainant”) of the Indiana Department of Environmental
Management (“IDEM”), a department of the State of
2.
Respondent is Pregis
Innovative Packaging, Inc. (“Respondent”), which owns and operates the stationary
packaging materials manufacturing plant with Plant I.D. No. 099-00028 located
at
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 on May 10, 2007 via Certified Mail
to:
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James D. Morris, President Pregis Innovative Packaging, Inc. (aka. Pactiv Protective Packaging) |
CT Corporation System, Registered Agent for Pactiv Protective Packaging |
5.
On May 22, 2007,
IDEM resent the Notice of Violation issued on May 10, 2007 via Certified Mail to:
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Andy Brewer, President |
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Pregis Innovative Packaging, Inc. |
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(aka. Pactiv Protective Packaging) |
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6.
During an
investigation conducted by a representative of IDEM, the following violations
were found:
a.
Pursuant to
Condition D.1.10(a) of the Part 70 Operating Permit No. 099-5969-00028, as
modified by Significant Permit Modification No. 099-16299-00028 issued on
November 7, 2002, (“Permit”), Respondent shall maintain records monthly that
are complete and sufficient to establish compliance with the VOC usage limits
and/or the VOC emission limits established in Conditions D.1.1 and D.1.2 of the
Permit.
Respondent
failed to record accurate volatile organic compound (“VOC”) emissions from
product produced for Randall Manufacturing during 2005 and 2006 that was not
oven cured, in violation of Condition D.1.10(a) of the Permit.
b.
Pursuant to
Condition D.1.9(c) of the Permit, and pursuant to Condition D.1.8(d) of
Significant Source Modification No. 099-16015-00028 (“Source Modification”)
prior to November 7, 2002, Respondent shall install and calibrate a device to
intermittently monitor and record the pressure at the inlet of the capture
system.
Respondent
failed to install a device to monitor and record the pressure at the inlet of
the capture system, in violation of Condition D.1.8(d) of the Source
Modification and Condition D.1.9(c) of the Permit.
c.
Pursuant to
Condition D.1.10(c) of the Permit, and pursuant to Condition D.1.9(c) of the
Source Modification prior to November 7, 2002, Respondent shall maintain
records of the intermittent minimum negative pressure readings taken at the
inlet of the capture system. Records of
the negative pressure readings are to be maintained to demonstrate compliance
with the control technology requirements of Condition D.1.2.
Respondent
failed to maintain records of the negative pressure readings of the capture
system from October 22, 2002 to April 2003, in violation of Condition D.1.9(c)
of the Source Modification and Condition D.1.10(c) of the Permit.
d.
Pursuant to
Condition D.1.2 of the Permit, regenerative thermal oxidizer CE03 and its
respective capture system shall each operate at all times with an overall
control efficiency of 98% and the capture system associated with CE03 shall
achieve 100% capture. These control
requirements satisfy 326 IAC 8-1-6, and represent the Best Available Control
Technology (“BACT”) for the three (3) profile extrusion lines, each consisting
of: one extruder, one foam profile die, one curing chamber and two scrap lines.
d.
Respondent
failed to capture 100% of the VOC emissions from product produced for Randall
Manufacturing during 2005 and 2006 because that product was cured outside of
the oven and capture system, in violation of Condition D.1.2 of the Permit and
326 IAC 8-1-6.
7.
Respondent
revised the Part 70 Operating Permit Quarterly Reports covering the period of
February 2005 to August 2006 to include the uncontrolled VOC emissions from the
Randall Manufacturing product.
8.
Respondent
installed devices to monitor and record the pressure at the inlet of the
capture system.
9.
In recognition
of the settlement reached, Respondent 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 environmental rules and permit conditions above at issue.
3.
All submittals
required by this Agreed Order, unless Respondent is notified otherwise in
writing by IDEM, shall be sent to:
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Janusz
Johnson, Enforcement Case Manager |
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Office
of Enforcement – Mail Code 60-02 |
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Indiana
Department of Environmental Management |
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4.
Respondent is
assessed a civil penalty of Fourteen Thousand Two Hundred dollars ($14,200). Said penalty amount shall be due and payable
to the Environmental Management Special Fund within thirty (30) days of the
Effective Date. In the event that the
civil penalty is not paid within thirty (30) days of the Effective Date,
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.
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:
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Indiana
Department of Environmental Management |
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Cashier
– Mail Code 50-10C |
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6.
This Agreed
Order shall apply to and be binding upon Respondent and its successors and
assigns. Respondent’s signatories to
this Agreed Order certify that they are fully authorized to execute this Agreed
Order and legally bind the party they represent. No change in ownership, corporate, or partnership
status of Respondent shall in any way alter its status or responsibilities
under this Agreed Order.
7.
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.
8.
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.
9.
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 its obligation to
comply with the requirements of its applicable permit or any applicable Federal
or State law or regulation.
10.
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.
11.
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 same violations specified in the NOV.
12.
Nothing in this
Agreed Order shall prevent IDEM from communicating with the 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 EPA or any other agency or entity.
13.
This Agreed
Order shall remain in effect until IDEM issues a Resolution of Case letter to
Respondent.
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TECHNICAL RECOMMENDATION: |
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RESPONDENT: |
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Department of Environmental Management |
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Pregis
Innovative Packaging, Inc. |
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By: |
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By: |
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Craig Henry |
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Printed: |
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Chief, Air Section |
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Office of Enforcement |
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COUNSEL FOR COMPLAINANT: |
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COUNSEL FOR RESPONDENT: |
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For the Department of Environmental Management |
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By: |
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By: |
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Deputy Attorney General |
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APPROVED AND ADOPTED BY THE INDIANA DEPARTMENT OF
ENVIRONMENTAL |
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MANAGEMENT THIS |
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DAY
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, 2007. |
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For the Commissioner: |
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Signed on October 1, 2007 |
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Robert B. Keene |
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Assistant Commissioner |
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Office of Legal Counsel and Enforcement |
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