STATE OF
INDIANA |
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BEFORE THE
INDIANA DEPARTMENT |
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COMMISSIONER
OF THE DEPARTMENT Complainant, v. WABASH
NATIONAL CORPORATION, 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 Wabash National Corporation (“Respondent”), which owns and operates a
stationary truck trailer assembly plant with Plant ID No. 157-00046, located at
1000 Sagamore Parkway 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 Richard Giromini, President and Erin J. Roth,
Registered Agent on February 4, 2013 for the violations included in the
Findings of Fact paragraph #5 below.
5.
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 and Condition B.21 of Permit No. 157-18078-00046 (“Permit”),
an owner or operator of a Part 70 source proposing to modify existing emission
units shall submit a request for a modification approval.
Respondent constructed and operated a change in method of operation in many
paint booths by changing coatings and adding a new wood coating operation
without a permit, in violation of 326 IAC 2-7-10.5 and Condition B.21 of the Permit.
b. Pursuant
to 326 IAC 8-2-9(f), work practices shall be used to minimize VOC emissions
from mixing operations, storage tanks, and other containers, and handling
operations for coatings, thinners, cleaning materials, and waste materials.
Work practices shall include, but not be limited to, store all VOC containing
coatings, thinners, coating related waste, and cleaning materials in closed
containers.
Respondent had paint cans and drums that were missing lids or covers and
contained paint, in violation of 326 IAC 8-2-9(f).
c. Pursuant
to 326 IAC 8-2-9 and Condition D.1.2 of the Permit, no owner or operator of a
facility engaged in the surface coating of miscellaneous metal parts and
products may cause, allow, or permit the discharge into the atmosphere of any
volatile organic compound (VOC) in excess of three and five-tenths (3.5) pounds
per gallon.
Respondent discharged into the atmosphere VOC’s with a daily volume weighted
average VOC content in excess of 3.5 pounds per gallon on six days in two
separate coating lines, in violation of 326 IAC 8-2-9 and Condition D.1.2 of
the Permit.
6.
Respondent
waived issuance of a Notice of Violation as specified in an email received by
IDEM on September 24, 2015 for the violations included in the Findings
of Fact paragraph #7
below and to the settlement period of sixty (60) days as provided for by IC
13-30-3-3.
7.
During
an investigation including a second inspection on November 7, 2013 conducted by
a representative of IDEM, the following violations were found:
a.
Pursuant
to 326 IAC 2-7-10.5 and Condition B.21 of Permit No. 157-29979-00046
(“Permit”), an owner or operator of a Part 70 source proposing to modify
existing emission units shall submit a request for a modification approval.
Respondent incorrectly included Thompsons Water Seal for existing
wood coating operations in the calculations on spray booth Line No. 2 intended
to demonstrate compliance with permit condition D.1.2 (326 IAC 8-2-9) on
various dates observed throughout 2012 and 2013, which constituted the
continued operation of wood coating without a permit, in violation of 326 IAC
2-7-10.5 and Condition B.21 of the Permit.
b.
Pursuant
to 326 IAC 8-2-9 and Condition D.1.2 of the Permit, no owner or operator of a
facility engaged in the surface coating of miscellaneous metal parts and
products may cause, allow, or permit the discharge into the atmosphere of any
volatile organic compound (VOC) in excess of three and five-tenths (3.5) pounds
per gallon.
Respondent
discharged into the atmosphere VOC’s with a daily volume weighted average VOC
content in excess of 3.5 pounds per gallon as applied in spray booth Line No. 7
on April 16th and 20th of 2012, in violation of 326 IAC
8-2-9 and Condition D.1.2 of the Permit.
8.
On
February 11, 2014 IDEM’s Permit Branch received a permit application, which resulted
in the issuance of significant permit modification No. 157-34771-00046 on June
25, 2015 addressing the change in method of operation of the paint booths and
the wood coating operation.
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 326 IAC 8-2-9 and Condition D.1.2 of significant permit
modification 157-34771-00046.
3.
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 |
4.
Respondent
is assessed and agrees to pay a civil penalty of Sixty Eight Thousand Seven
Hundred and Fifty Dollars ($68,750).
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”.
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 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 5, 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 its
obligation to comply with the requirements of its 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 to Respondent.
TECHNICAL
RECOMMENDATION: |
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RESPONDENT: |
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Department
of Environmental Management |
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Wabash National Corporation |
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Janusz Johnson, Chief |
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Printed: |
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Compliance
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Title: |
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Office
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COUNSEL
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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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2016. |
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For
the Commissioner |
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Signed
on March 21, 2016 |
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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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