STATE OF INDIANA

COUNTY OF MARION

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SS:

BEFORE THE INDIANA DEPARTMENT
OF ENVIRONMENTAL MANAGEMENT

 

COMMISSIONER OF THE DEPARTMENT
OF ENVIRONMENTAL MANAGEMENT,

Complainant,

v.

HENDRICKSON TRAILER SUSPENSION SYSTEMS,

Respondent.

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Case No. 2010-19673-A

 

 

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.  Pursuant to IC 13-30-3-3, entry into the terms of this Agreed Order does not constitute an admission of any violation contained herein.  Respondent's entry into this Agreed Order shall not constitute a waiver of any defense, legal or equitable, which Respondent may have in any future administrative or judicial proceeding, except a proceeding to enforce this 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 Indiana created by Indiana Code (“IC”) 13-13-1-1.

 

2.            Respondent is Hendrickson Trailer Suspension Systems (“Respondent”), which owns and operates the stationary metal finishing plant for trailer suspension systems, with Plant I.D. No. 011-00037, located at 180 Mount Zion Road in Lebanon, Clinton County, Indiana (the “Site”).

 

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 (“NOV”) to:

 

David Arnold, Plant Manager

CT Corporation System, Registered Agent

Hendrickson Trailer Suspension Systems

251 E. Ohio St

180 Mount Zion Road

Suite 1100

Lebanon, IN 46052

Indianapolis, IN 46204

 

5.            Based on information found during a permit renewal, conducted by a representative of IDEM, the following violations were found:

 

a.         Pursuant to 326 IAC 2-7-10.5, a source modification is required for any modification with a potential to emit greater than or equal to 25 tons per year of Volatile Organic Compounds (“VOC”) and/or greater than 10 tons per year of any single HAP as defined under Section 112(b) of the CAA or 25 tons per year of any combination of HAPS.

Respondent added new coatings in 2007 and 2008 causing a greater than 25 tons per year change in potential to emit VOC and greater than 10 tons per year of any single HAP as defined under Section 112(b) of the CAA and 25 tons per year of any combination of HAPS without submitting a source modification, in violation of 326 IAC 2-7-10.5.

b.         Pursuant to 40 CFR 63, Subpart MMMM, sources are required to submit an Initial Notification, due within 120 days following a modification which causes applicability and demonstrate compliance after the Initial Compliance Period , the month that the rule became applicable plus the next 12 months.

 

Respondent failed to submit the Initial Notification and Notification of Compliance Status reports within 120 days following the modification and by September 30, 2008, respectively, in violation of 40 CFR 63, Subpart MMMM.

 

6.            On April 21, 2010, Respondent submitted an application for a Significant Source Modification (“SSM”) to address the change of coatings.  The SSM was issued February 8, 2011.

 

7.            On February 1, 2011, Respondent submitted the Initial Notification and Notification of Compliance Status reports pursuant to the requirements of 40 CFR 63, Subpart MMMM.

8.            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 Respondents.  This Agreed Order shall have no force or effect until the Effective Date.

 

2.            Respondent shall comply with Part 70 Second Renewal 011-29188-00037, issued March 1, 2011, unless superseded by a modification or renewal.

 

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

 

Matthew Chaifetz, Compliance and Enforcement Manager

Compliance and Enforcement Branch – Mail Code 61-53

Indiana Department of Environmental Management

100 North Senate Avenue

Indianapolis, IN 46204-2251

 

4.            Respondent is assessed a civil penalty of Ten Thousand Two Hundred dollars ($10,200.00).  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:

 

Indiana Department of Environmental Management

Cashier – Mail Code 50-10C

100 North Senate Avenue

Indianapolis, IN 46204-2251

 

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 or anyone acting on its behalf 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.

 

 

TECHNICAL RECOMMENDATION:

 

RESPONDENT:

Department of Environmental Management

 

Hendrickson Trailer Suspension Systems

 

 

 

By:

 

 

By:

 

 

Janusz Johnson, Chief

 

Printed:

 

 

Compliance and Enforcement Section 1

 

Title:

 

 

Office of Air Quality

 

 

 

Date:

 

 

Date:

 

 

 

 

 

 

 

 

 

COUNSEL FOR COMPLAINANT:

 

COUNSEL FOR RESPONDENT:

For the Department of Environmental Management

 

 

 

 

 

By:

 

 

By:

 

 

Deputy Attorney General

 

 

 

 

 

 

 

 

Date:

 

 

Date:

 

 

 

 

 

 

APPROVED AND ADOPTED BY THE INDIANA DEPARTMENT OF ENVIRONMENTAL

MANAGEMENT THIS

 

DAY OF

 

, 2011.

 

 

For the Commissioner

 

 

 

Signed on April 25, 2011

 

Keith Baugues

 

Assistant Commissioner

 

Office of Air Quality

 

Indiana Department of Environmental Management