STATE OF
INDIANA |
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BEFORE THE
INDIANA DEPARTMENT |
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COMMISSIONER
OF THE DEPARTMENT Complainant, v. ROLLS-ROYCE
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 Rolls-Royce Corporation
(“Respondent”), which owns and operates a stationary manufacturing, assembly,
and testing facility for aerospace parts and engines with Plant I.D. No. 097-00311
located at 2001 S. Tibbs Avenue in Indianapolis, 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 October 28, 2016 via Certified Mail to:
Marion C. Blakey, President |
Corporation Services Company |
Rolls-Royce North America, Inc. |
Registered Agent |
1875 Explorer Street, Suite 200 |
251 E. Ohio Street, Suite 500 |
Reston, VA 20190 |
Indianapolis, IN 46204 |
5.
During a report review conducted by a
representative of IDEM, the following violations were found:
a. Pursuant to Part 70 Permit no. 097-34658-00311
(“Permit”) condition D. 5.3(c) and 326 IAC 2-2, the allowable NOx emissions for
Turbine 0070-68A (#3) were as follows:
Allowable NOx Emissions: 326.4 lb/MMCF*
- *
pounds per million cubic feet (“lb/MMCF”)
Respondent exceeded the allowable NOx Emissions, in violation of Permit condition
D. 5.3(c) and 326 IAC 2-2 for Turbine 0070-68A (#3) as follows:
Averaged NOx Emissions: 385.5 lb/MMCF
b. Pursuant to Permit conditions D. 5.3(c)
and E.5.2(23), 326 IAC 2-2, and 40 CFR 60 Subpart
KKKK, the allowable NOx emissions for Turbine 0070-68B (#4) were as follows:
Allowable
NOx Emissions: 326.4 lb/MMCF
Allowable
NOx Emissions: 100** ppm @ 15% O2
- ** parts per million (“ppm”)
Respondent exceeded the allowable NOx
Emissions, in violation of Permit conditions D. 5.3(c) and E.5.2(23),
326 IAC 2-2, and 40 CFR 60 Subpart KKKK as follows:
Averaged NOx
Emissions: 371.4 lb/MMCF
Averaged NOx
Emissions: 107.33 ppm @ 15% O2
6.
Respondent conducted repeat compliance
testing on May 26, 2016 where water injection was used as a control NOx.
The results showed Respondent has returned to compliance for both Generators
0070-68A (#3) and 0070-68B (#4).
7.
In recognition of the settlement reached,
Respondent and Complainant waive 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 the limits under
326 IAC 2-2 applicability, Permit conditions D.5.3(c) and E.5.2(23), and 40 CFR
60, Subpart KKKK with emphasis on 40 CFR 60.4335 in order to demonstrate
compliance when using water injection as a means to control NOx
emissions.
3.
All submittals required by this Agreed Order,
unless Respondent is notified otherwise in writing by IDEM, shall be sent to:
Jennifer
Bailey, 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 agree to pay a
civil penalty of Ten Thousand Dollars ($10,000). 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”.
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:
IDEM
Office of Legal Counsel |
IGCN,
Rm N1307 |
100
N Senate Ave |
Indianapolis,
IN 46204 |
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 permits 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 Respondents’ 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 Respondents’ 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
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Rolls-Royce Corporation |
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David
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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 December 27, 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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