STATE OF INDIANA

COUNTY OF MARION

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BEFORE THE INDIANA DEPARTMENT
OF ENVIRONMENTAL MANAGEMENT

 

COMMISSIONER OF THE DEPARTMENT
OF ENVIRONMENTAL MANAGEMENT,

Complainant,

v.

WABASH NATIONAL CORPORATION,

Respondent.

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Case No. 2012-21140-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 Wabash National Corporation (“Respondent”), which owns/operates the source with Plant ID No. 157-00068, located at 3550 East 350 South, in Lafayette, Tippecanoe 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”) to Donald Ehrlich, President and Gambs Mucker Bauman & Seeger, Registered Agent on January 11, 2013.

 

5.             The source is a stationary truck trailer assembly plant.

 

6.             During an investigation including an inspection on November 29, 2011 and review of information provided on February 9, 2012, May 15, 2012, June 4, 2012 and December 5, 2012 conducted by a representative of IDEM, the following violations were found:

 

a.       Pursuant to 326 IAC 2-7-10.5, an owner or operator of a Part 70 source proposing to construct new emission units shall submit a request for a modification approval.


Respondent constructed and operated organic solvent cold cleaners without a permit, in violation of 326 IAC 2-7-10.5.

 

b.       Pursuant to 326 IAC 2-7-10.5, an owner or operator of a Part 70 source proposing to modify existing emission unit shall submit a request for a modification approval.

Respondent made a change in the method of operation that increased the Potential to Emit of multiple paint booths by changing “worst case” coatings without a permit, in violation of 326 IAC 2-7-10.5.

 

c.        Pursuant to 326 IAC 8-2-9 and Condition D.1.1 of Permit No. 157-17579-00068 (the “Permit”), the Volatile Organic Compound (VOC) content of coating delivered to the applicator at the paint booths, PB1 through PB10, shall be limited to 3.5 pounds of VOCs per gallon of coating less water, for an air dried coating.

 

Respondent operated paint booth PB9 with coating containing greater than 3.5 pounds of VOC per gallon of coating less water on March 8, 2011, May 25, 2011, May 26, 2011, June 9, 2011, June 14, 2011, June 16, 2011, June 17, 2011, June 23, 2011, June 25, 2011, June 28, 2011, July 5, 2011, August 15, 2011, September 9, 2011, September 10, 2011, October 21, 2011, and November 17, 2011, in violation of 326 IAC 8-2-9 and Condition D.1.1 of Permit.

 

d.       Pursuant to 326 IAC 8-3-2, the owner or operator of a cold cleaning facility shall equip the cleaner with a facility for draining cleaned parts.

Pursuant to 326 IAC 8-3-5, the owner or operator of a cold cleaning facility shall equip the degreaser with a facility for draining cleaned articles.

Respondent had one organic solvent cold cleaner that did not have a facility to drain cleaned parts/articles, in violation of 326 IAC 8-3-2 and 326 IAC 8-3-5.

 

7.             The source corrected the 326 IAC 8-3-2 and 326 IAC 8-3-5 violations by installing the grate for draining parts.

 

8.             A compliance inspection was conducted on November 7, 2013 in which IDEM observed that on various days throughout 2012 and 2013 the VOC content as applied from spray booth PB9 exceeded 3.5 pounds per gallon in continued violation of permit T157-33473-00068 condition D.1.1.   An inspection summary and violation letter was issued to the Respondent on December 18, 2013 reflecting ongoing noncompliance of 326 IAC 8-2-9 requirements being handled through this enforcement case.

 

9.             On September 30, 2013 IDEM’s Permit Branch received necessary information from the Respondent in order to address the noncompliance identified in the Notice of Violation issued on January 11, 2013 and move the permit action forward.

 

10.          Permit No. T157-32878-00068 issued on August 18, 2014 in which paint booth PB9 is defined as a refinishing and repair booth for already painted trailers and is subject to 326 IAC 8-10.

11.          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 2-7-10.5, 326 IAC 8-2-9, 326 IAC 8-10, 326 IAC 8-3-2, and 326 IAC 8-3-5.

 

3.             Within 30 days of the Effective Date, Respondent shall submit documentation demonstrating compliance with the recordkeeping and reporting requirements for the Refinishing/Repair Booth (PB9) as specified by 326 IAC 8-10-9 and permit T157-32878-00068 condition D.1.12 and D.1.14.

 

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

 

Rebecca Hayes, 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

 

5.             Respondent is assessed and agrees to pay a civil penalty of seventeen thousand five hundred dollars ($33,750).  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”.

 

6.             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

          3

                        Failure to submit

                        required information

                $500

 

7.             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.

 

8.             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:

 

Indiana Department of Environmental Management

Cashier – Mail Code 50-10C

100 North Senate Avenue

Indianapolis, IN 46204-2251

 

9.             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.

 

10.          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 8, above.

 

11.          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.

 

12.          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.

 

13.          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.

 

14.          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.

 

15.          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.

 

16.          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.

 

17.          This Agreed Order shall remain in effect until IDEM issues a Resolution of Case letter to Respondent.

 

 

TECHNICAL RECOMMENDATION:

 

RESPONDENT:

Department of Environmental Management

 

Wabash National Corporation

 

 

 

By:

 

 

By:

 

 

Janusz Johnson, Chief

 

Printed:

 

 

Compliance and Enforcement Section 1

 

Title:

 

 

Office of Air Quality

 

 

 

Date:

 

 

Date:

 

 

 

 

 

 

 

 

 

 

 

COUNSEL FOR RESPONDENT:

 

 

 

 

 

 

 

 

 

By:

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Date:

 

 

 

 

 

 

APPROVED AND ADOPTED BY THE INDIANA DEPARTMENT OF ENVIRONMENTAL

MANAGEMENT THIS

 

DAY OF

 

, 2015.

 

 

For the Commissioner

 

 

 

Signed on September 8, 2015

 

Keith Baugues, Assistant Commissioner

 

Office of Air Quality

 

Indiana Department of Environmental Management