STATE
OF INDIANA |
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BEFORE THE INDIANA DEPARTMENT |
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COMMISSIONER OF THE DEPARTMENT Complainant, v. TRANSFLO TERMINAL SERVICES, 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. 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 TRANSFLO Terminal Services, Inc. (“Respondent”), which owns and operates the
stationary bulk liquid and solid material transfer source with Plant ID No. 089-00364,
located at 1401 West 145th Street, in East Chicago, Lake County,
Indiana (“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”) via Certified Mail
to Jon W. Hasselwood and Corporate Creations Network.
5.
Subsequent
to the issuance of the NOV, Respondent provided new calculations for the
release of VOCs which have been incorporated in the violation statements
included in Finding of Fact Paragraph No. 6 of this Agreed Order.
6.
As
a result of information provided to IDEM by the Respondent upon discovery on
July 27, 2012, and subsequently reported in Respondent’s Quarterly Deviation
and Compliance Monitoring Report, the following violations were identified by
the Respondent:
Pursuant
to Federally Enforceable State Operating Permit No. 089-28871-00364 (“permit”),
issued to Respondent on May 18, 2010, condition D.1.6, requires the permittee
must use a vapor balance system to control VOC emissions on all bulk organic
liquid transfers of VOL liquids with vapor pressure greater than 0.5 psia.
Respondent failed to utilize vapor
balance during the transfer of HAP VOL and non-HAP VOLs with vapor pressure
greater than or equal to 0.5 psia from November 1,
2010 through July 27, 2011 resulting in the release of 38,980 pounds (19.49
tons) of uncontrolled volatile organic compound (VOC) emissions to the
atmosphere, in violation permit
condition D.1.6 of Federally Enforceable State Operating Permit Number
F089-28871-00364.
7.
Upon
identification of the situation, by TRANSFLO on July 27, 2011, operations were
voluntarily suspended. Corrective
actions were implemented by the Respondent to resume using vapor balance
controls on July 29, 2011. These corrective
actions included ordering a compressed gas cylinder that is used to purge the
vapor balance lines as well as actions to address the root cause (management
change) to avoid a reoccurrence.
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
Respondent. This Agreed Order shall have
no force or effect until the Effective Date.
2.
Respondent
shall comply with permit condition D.1.6 of Federally Enforceable State
Operating Permit Number F089-28871-00364.
3.
All
submittals required by this Agreed Order, unless Respondent is notified
otherwise in writing by IDEM, shall be sent to:
Rick
Massoels, 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 and agrees to pay a civil penalty of five thousand dollars ($5,000.00). Said penalty amount shall be due and payable
to the Environmental Management Special Fund within thirty (30) days of the
Effective Date; the 30th day being the “Due Date”.
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 their
status or responsibilities under this Agreed Order.
7.
In
the event that the monies due to IDEM pursuant to this Agreed Order are not
paid on or before their Due Date, Respondent shall pay interest on the unpaid
balance at the rate established by IC 24-4.6-1.
The interest shall be computed as having accrued from the Due Date until
the date that Respondent pays any unpaid balance. Such interest shall be payable to the
Environmental Management Special Fund, and shall be payable to IDEM in the
manner specified in Paragraph 4, above.
8.
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.
9.
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 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 their
obligation to comply with the requirements of their applicable permit or any
applicable Federal or State law or regulation.
11.
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.
12.
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.
13.
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.
14.
This
Agreed Order shall remain in effect until IDEM issues a Resolution of Case
letter.
TECHNICAL
RECOMMENDATION: |
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RESPONDENT: |
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Department
of Environmental Management |
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TRANSFLO Terminal Services, Inc. |
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By: |
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By: |
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J.
Robert Simmons, Deputy Director |
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Northwest
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COUNSEL
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Date: |
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APPROVED
AND ADOPTED BY THE INDIANA DEPARTMENT OF ENVIRONMENTAL |
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MANAGEMENT THIS |
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DAY OF |
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,
2012. |
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For
the Commissioner |
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Signed
on June 7, 2012 |
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Keith
Baugues, Assistant Commissioner |
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Office
of Air Quality |
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Indiana
Department of Environmental Management |
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