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STATE OF
INDIANA |
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BEFORE THE
INDIANA DEPARTMENT |
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COMMISSIONER
OF THE DEPARTMENT Complainant, v. ADVICS
MANUFACTURING INDIANA, LLC, 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 ADVICS Manufacturing Indiana, LLC (“Respondent”), which owns and operates
the source with Plant ID No. 167-00131, located at 10550 James Adams Street, in
Terre Haute, Vigo 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 Brian Stevens, Director of HR, EH&S, ADVICS Manufacturing Indiana, LLC,
10550 James Adams Street, Terre Haute, IN 47802 and CT Corporation System,
Registered Agent, 150 West Market Street, Suite 800, Indianapolis, IN 46204.
5.
Respondent
owns and operates a stationary automotive brake and brake component source.
6.
During
an investigation including an inspection on December 16, 2014 conducted by a
representative of IDEM, the following violations were found:
a.
Pursuant
to Federally Enforceable State Operating Permit (“FESOP”) No. 167-34123-00131
(the “Permit”), Condition D.1.8(a), a continuous monitoring system shall be
calibrated, maintained, and operated on the thermal oxidizer system for
measuring operating temperature. For the
purpose of this condition, continuous means no less than once per fifteen (15)
minutes. The output of this system shall
be recorded as a 3-hour average.
Respondent failed to maintain and operate a continuous monitoring system on the
thermal oxidizer system with an output recording the 3-hour average operating temperature,
in violation of Permit Condition D.1.8(a).
b.
Pursuant
to Permit Condition D.1.9(a), Respondent shall
determine the appropriate duct pressure, fan amperage, or process airflow from
the most recent valid stack test that demonstrates compliance with limits in
Permit Condition D.1.6.
Respondent failed to determine the appropriate duct pressure, fan amperage, or
process airflow from the most recent valid stack test that demonstrates
compliance with limits in Permit Condition D.1.6, in violation of Permit
Condition D.1.9(a).
c.
Pursuant
to Permit Condition D.1.11(c)(1), Respondent shall
maintain continuous temperature records for the thermal oxidizer.
Respondent failed to maintain continuous temperature records for the thermal
oxidizer, in violation of Permit Condition D.1.11(c)(1).
d.
Pursuant
to Permit Condition D.1.11(c)(2), Respondent shall
maintain daily records of the duct pressure, fan amperage, or process airflow
for the thermal oxidizer system.
Respondent failed to maintain daily records of the duct pressure, fan amperage,
or process airflow for the thermal oxidizer system, in violation of Permit
Condition D.1.11(c)(2).
e.
Pursuant
to Permit Condition D.2.6(a), Respondent shall
maintain daily records of the visible emission notations of the grinding
stations (Lines 181, 182, 183, and 184) stack exhausts.
Respondent failed to maintain daily records of the visible emission notations
of the grinding stations (Lines 181, 182, 183, and 184) stack exhausts for
multiple days in 2013 and 2014, in violation of Permit Condition D.2.6(a).
f.
Pursuant
to Permit Condition E.1.2(l) and 40 CFR 63.6655(f),
Respondent must maintain records of the hours of operation of the engine that
is recorded through the non-resettable hour meter. Respondent must document how many hours are
spent for emergency operation including what classified the operation as
emergency and how many hours are spent for non-emergency operation.
Respondent failed to maintain records of the hours of operation of the engine
that is recorded through the non-resettable hour meter, how many hours are
spent for emergency operation, including what classified the operation as
emergency, and how many hours are spent for non-emergency operation, in
violation of Permit Condition E.1.2(l) and 40 CFR 63.6655(f).
g.
Pursuant
to FESOP No. 167-32460-00131, Condition D.1.9(b), the
duct pressure or fan amperage shall be observed at least once per day when the
thermal oxidizer is in operation.
From July 10 through September 30, 2013, Respondent failed to conduct compliance
monitoring (i.e., conduct monitoring of duct pressure or fan amperage) for the
thermal oxidizer system at least once per day, in violation of FESOP No.
167-32460-00131, Condition D.1.9(b).
h.
Pursuant
to 326 IAC 2-8-11.1, any person proposing to add additional emission units,
modify existing emission units, or otherwise modify a FESOP source as described
in this section shall submit a permit revision request in accordance with this
section.
Respondent failed to obtain a permit revision prior to adding additional
emission units and modifying existing emission units, including but not limited
to brake shoe grinding cells, slim body machining units, and plate sub-assembly
weld lines, in violation of 326 IAC 2-8-11.1.
7.
On
March 20, 2013, IDEM received a minor permit revision application. This minor permit revision application was
combined with FESOP renewal No. 167-32460-00131, which was issued on July 10,
2013.
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 rules and permit conditions listed in the findings here and
above at issue.
3.
Within
thirty (30) days of the Effective Date, Respondent shall calibrate, maintain
and operate a continuous monitoring system on the thermal oxidizer system capable
of measuring operating temperature. For
the purpose of this Agreed Order, continuous means no less than once per
fifteen (15) minutes. The output of the
continuous monitoring system shall include the 3-hour average operating
temperature. The operating temperature
and 3-hour average operating temperature shall be available to on site operators
on a continuous basis.
4.
Within
forty-five (45) days of the Effective Date, Respondent shall prepare and submit
to IDEM a compliance monitoring report.
The compliance monitoring report shall include the following:
a.
A
detailed description of the continuous monitoring system and data acquisition
system installed and operated on the thermal oxidizer system;
b.
A
description of the data collected and output recorded; and,
c.
A
written training program for operators including a description of how the
operating temperature and 3-hour average operating temperature will be used to
determine compliance with permit limits and what corrective actions will be
taken if the 3-hour average operating temperature is observed outside of the
range determined during the most recent valid stack test.
5.
Within
ninety (90) days of the Effective Date, Respondent shall conduct stack testing to
determine the overall control efficiency (including capture and destruction
efficiency) of the thermal oxidizer utilizing methods as approved by the
Commissioner to demonstrate compliance with Permit Conditions D.1.1, D.1.2, and
D.1.6. Respondent shall determine the
3-hour average temperature and appropriate duct pressure, fan amperage, or process
airflow during this stack test that demonstrates compliance with applicable limits
in the Permit. Pursuant to Permit
Condition C.7, a test protocol shall be submitted to IDEM no later than
thirty-five (35) days prior to the intended test date. Testing conducted shall be consistent with
source sampling procedures in 326 IAC 3-6.
6.
All
submittals required by this Agreed Order, unless Respondent is notified
otherwise in writing by IDEM, shall be sent to:
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Brooke
A. Myer, 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 |
7.
Respondent
is assessed and agrees to pay a civil penalty of Seven Thousand Six Hundred Twenty-Five
Dollars ($7,625). 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”.
8.
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:
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Paragraph |
Violation |
Stipulated Penalty |
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4 |
Submit the compliance monitoring
report. |
$250/week or part thereof |
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5 |
Conduct stack testing to determine
the overall control efficiency (including capture and destruction efficiency)
of the thermal oxidizer and determine the 3-hour average temperature and
appropriate duct pressure, fan amperage, or process airflow during this stack
test that demonstrates compliance with applicable limits in the Permit. |
$500/week or part thereof |
9.
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.
10.
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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IDEM Office
of Legal Counsel |
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IGCN,
Rm N1307 |
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100 N
Senate Ave |
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Indianapolis,
IN 46204 |
11.
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.
12.
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 10, above.
13.
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.
14.
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.
15.
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.
16.
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.
17.
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.
18.
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.
19.
This
Agreed Order shall remain in effect until IDEM issues a Resolution of Case
letter to Respondent.
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TECHNICAL
RECOMMENDATION: |
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RESPONDENT: |
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Department
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ADVICS Manufacturing Indiana, LLC |
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By: |
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By: |
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Janusz Johnson, Chief |
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Printed: |
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Compliance
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Office
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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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2015. |
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For
the Commissioner |
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Signed
on June 3, 2015 |
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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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