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STATE
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BEFORE THE INDIANA DEPARTMENT |
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COMMISSIONER OF THE DEPARTMENT Complainant, v. ASHLEY INDUSTRIAL MOLDING, 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 Ashley Industrial Molding, Inc. (“Respondent”), which owns/operates the Ashley Industrial Molding,
Inc. with Plant ID No. 033-00017, located at 310 South Wabash, in Ashley, DeKalb
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”) on August 30, 2012 via
Certified Mail to Mr. Rod Schoon, President and Registered
Agent of Ashley Industrial Molding, Inc.
5.
Ashley
Industrial Molding, Inc. operates a fiberglass reinforced plastic composites
parts manufacturing and painting plant.
6.
During
an investigation conducted by a representative of IDEM, the following
violations were found:
a.
Pursuant
to 326 IAC 8-1-6 and Part 70 Operating Permit Renewal No. T033-21578-00017 (“permit”),
issued to Respondent on July 13, 2007 and Part 70 Operating Permit Renewal No.
T033-30977-00017 (“permit”), issued to Respondent on May 11, 2012 condition
D.1.1.(a) requires that VOC delivered to the applicators of the surface coating
line including cleanup solvents shall be limited to a total of no more than one
hundred forty-nine and nine-tenths (149.9) tons per twelve (12) consecutive
month period.
Respondent emitted greater than (149.9) tons of VOC during each of the twelve
(12) consecutive month periods specified in the following table, in violation
of 326 IAC 8-1-6 and permit condition D.1.1(a).
|
Permit No. |
Violations Cited |
12-month period ending |
Actual 12-month VOC
emissions |
|
21578 |
Permit
condition D.1.1(a) and 326 IAC 8-1-6 (BACT) |
March
31, 2012 |
151.2
Tons |
|
21578 |
Permit
condition D.1.1(a) and 326 IAC 8-1-6 (BACT) |
April
30, 2012 |
153.5
Tons |
|
30977 |
Permit
condition D.1.1(a) and 326 IAC 8-1-6 (BACT) |
May
31, 2012 |
157.4
Tons |
|
30977 |
Permit
condition D.1.1(a) and 326 IAC 8-1-6 (BACT) |
June
30, 2012 |
158.6
Tons |
|
30977 |
Permit
condition D.1.1(a) and 326 IAC 8-1-6 (BACT) |
July
31, 2012 |
159.0
Tons |
|
30977 |
Permit
condition D.1.1(a) and 326 IAC 8-1-6 (BACT) |
August
31, 2012 |
158.2
Tons |
|
30977 |
Permit
condition D.1.1(a) and 326 IAC 8-1-6 (BACT) |
September
30, 2012 |
158.9
Tons |
b.
Pursuant
to 326 IAC 8-1-6 and Part 70 Operating Permit Renewal No. T033-30977-00017
(“permit”), issued to Respondent on May 11, 2012, condition D.1.1.(a) requires
that VOC delivered to the applicators of the surface coating line including
cleanup solvents shall be limited to a total of no more than one hundred
forty-nine and nine-tenths (149.9) tons per twelve (12) consecutive month
period.
Respondent agrees
that due to the nature of twelve-month rolling emission limits, Respondent will
emit greater than one hundred forty-nine and nine-tenths (149.9) tons of VOC
for the twelve consecutive month periods ending October 31, 2012 through the
date of the expected permit modification decision on Respondent’s permit
application described in Order Section 3 below in violation of 326 IAC 8-1-6
and condition D.1.1(a) of the permit.
c.
Pursuant
to Part 70 Operating Permit Renewal No. T033-21578-00017 (“permit”), issued to
Respondent on July 13, 2007 and Part 70 Operating Permit Renewal No.
T033-30977-00017 (“permit”), issued to Respondent on May 11, 2012 condition D.1.2,
requires that the use of VOC in the surface coating line, including coatings,
dilution solvents, and cleaning solvents shall be less than one hundred
forty-nine and nine-tenths (149.9) tons per twelve (12) consecutive month
period so that total source-wide potential to emit VOC is limited to less than
two hundred fifty (250) tons per twelve consecutive month period.
Respondent emitted greater than (149.9) tons of VOC during each of the twelve
(12) consecutive month periods specified in the following table, in violation
of permit condition D.1.2.
|
Permit No. |
Violation Cited |
12-month period ending |
Actual 12-month VOC
emissions |
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21578 |
Permit
condition D.1.2 |
March
31, 2012 |
151.2
Tons |
|
21578 |
Permit
condition D.1.2 |
April
30, 2012 |
153.5
Tons |
|
30977 |
Permit
condition D.1.2 |
May
31, 2012 |
157.4
Tons |
|
30977 |
Permit
condition D.1.2 |
June
30, 2012 |
158.6
Tons |
|
30977 |
Permit
condition D.1.2 |
July
31, 2012 |
159.9
Tons |
|
30977 |
Permit
condition D.1.2 |
August
31, 2012 |
158.2
Tons |
|
30977 |
Permit
condition D.1.2 |
September
30, 2012 |
158.9
Tons |
d.
Pursuant
to Part 70 Operating Permit Renewal No. T033-30977-00017 (“permit”), issued to
Respondent on May 11, 2012, condition D.1.2 requires that VOC delivered to the
applicators of the surface coating line including cleanup solvents shall be
limited to a total of no more than one hundred forty-nine and nine-tenths
(149.9) tons per twelve (12) consecutive month period.
Respondent agrees that due to the nature of twelve-month rolling emission
limits, Respondent will emit greater than one hundred forty-nine and
nine-tenths (149.9) tons of VOC for the twelve consecutive month periods ending
October 31, 2012 through the date of the expected permit modification decision on
Respondent’s permit application described in Order Section 3 below in violation
of condition D.1.2 of the permit.
7.
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 326 IAC 8-1-6, and conditions D.1.1(a)
and D.1.2 of the permit.
3.
Respondent
submitted an application requesting a revised Best Available Control Technology
(BACT) determination to the Office of Air Quality Permits Branch on October 30,
2012.
4.
Respondent
shall respond to any notices of deficiency (NOD) related to the permit
application submitted October 30, 2012 consistent with the requirements of 326
IAC 2-1.1-8 and/or 326 IAC 2-7-7.
5.
Respondent
shall submit an alternative compliance plan within forty-five (45) days of
issuance of: (1) a permit containing a revised BACT determination that does not
allow an increased VOC emission limit, (2) IDEM’s written denial of the permit
application containing the a revised BACT determination request, or (3)
Respondent’s written withdrawal of the revised BACT determination request
6.
In
the event that an alternative compliance plan is required in Order paragraph 5,
Respondent’s alternative compliance plan shall be subject to IDEM review and
approval.
7.
Upon
approval by IDEM of any alternative compliance plan required pursuant to Order
paragraph 5, Respondent shall implement the alternative compliance plan
consistent with the terms therein.
8.
All
submittals required by this Agreed Order, unless Respondent is notified
otherwise in writing by IDEM, shall be sent to:
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Greg
Wingstrom, Compliance and Enforcement Manager |
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Compliance
and Enforcement Branch – Mail Code 61-53 |
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Indiana
Department of Environmental Management |
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100
North Senate Avenue |
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Indianapolis,
IN 46204-2251 |
9.
Respondent is assessed and agrees to pay a
civil penalty of Twenty-five Thousand Dollars ($25,000). 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”.
10.
In the event the terms and conditions of the
following paragraphs are violated, Complainant may assess and Respondent shall
pay a stipulated penalty in the following amount:
|
Paragraph |
Violation |
Stipulated Penalty |
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5 |
Failure to submit or late submittal
of an alternative compliance plan, if required |
$100.00
per day, not to exceed $500.00 per week |
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7 |
Failure to meet any deadline in the
alternative compliance plan |
$200.00
per day, not to exceed $1,000.00 per week |
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7 |
Failure to submit or late submittal
of a monthly status report , required by an alternative action plan |
$50.00 per
day, not to exceed $250.00 per week |
11.
Stipulated penalties shall be due and payable
no later than the 30th day after Respondent receives written notice that
Complainant has determined a stipulated penalty is due; the 30th day being the
“Due Date”. Complainant may notify
Respondent at any time that a stipulated penalty is due. Failure to notify Respondent in writing in a
timely manner of a stipulated penalty assessment shall not waive Complainant’s
right to collect such stipulated penalty or preclude Complainant from seeking
additional relief against Respondent for violation of this Agreed Order. Neither assessment nor payment of stipulated
penalties shall preclude Complainant from seeking additional relief against
Respondent for a violation of this Agreed Order; such additional relief
includes any remedies or sanctions available pursuant to Indiana law,
including, but not limited to, civil penalties pursuant to IC 13-30-4.
12.
Civil and stipulated 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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100 North Senate Avenue |
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Indianapolis, IN 46204-2251 |
13.
This Agreed Order shall apply to and be
binding upon Respondent and its successors and assigns. Respondent’s signatory to this Agreed Order
certifies that he/she is fully authorized to execute this Agreed Order and
legally bind Respondent. No change in
ownership, corporate, or partnership status of Respondent shall in any way
alter Respondent’s status or responsibilities under this Agreed Order.
14.
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 12, above.
15.
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.
16.
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.
17.
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 permits or any applicable Federal or State law
or regulation.
18.
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.
19.
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.
20.
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.
21.
This Agreed Order shall remain in effect
until Respondent pays the civil penalty in Order paragraph 9 and the later of (i) IDEM’s issuance of a final permit decision on the
pending permit application described in Order paragraph 3 allowing an increased
VOC emission limit, or (ii) in the event an alternative compliance plan is
needed pursuant to Order paragraph 5, the date on which the alternative
compliance plan is fully implemented and Respondent has returned to compliance.
IDEM will issue a Resolution of Case letter to Respondent thereafter.
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TECHNICAL
RECOMMENDATION: |
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RESPONDENT: |
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Department
of Environmental Management |
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Ashley Industrial Molding, Inc. |
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By: |
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By: |
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David
Lawrence |
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Printed: |
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Deputy
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Northern
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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 December 20, 2012 |
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Keith
Baugues, Assistant Commissioner |
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Office
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Indiana
Department of Environmental Management |
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