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 the facility with Plant ID No. 097-00311, located at 2355
South Tibbs Ave in Indianapolis, Marion 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 via Certified Mail to:
Tom
Bell, President & CEO |
Corporation
Service Company |
Rolls-Royce
Corporation |
Registered
Agent |
1875
Explorer St, Suite 200 |
135
North Pennsylvania St, Suite 1610 |
Reston,
VA 20190 |
Indianapolis,
IN 46204 |
5.
Respondent owns and operates an aerospace
engine manufacturing and testing facility.
6.
During an investigation conducted by a
representative of IDEM, the following violations were found:
a. Pursuant to Part 70 Permit
097-36661-00311 (“Permit”), issued to Respondent on September 20, 2016,
Condition E.8, and 40 CFR 63.6612, requires an the owner or operator of an
existing stationary Reciprocating Internal Combustion Engine (“RICE”) with a
site rating of less than or equal to 500 brake Horse Power (“HP”) to conduct an
initial performance test to show that the unit can limit the Carbon Monoxide in
the exhaust to 230 ppmvd or less at 15% Oxygen by
October 10, 2013.
Respondent failed to perform the initial compliance stack test for the limited
use, 200 HP non-emergency stationary RICE identified as 0070-LU3, in violation
of Permit Condition E.8, and 40 CFR 63.6612.
b. Pursuant to Permit Condition E.8, and 40
CFR 63.6645, requires Respondent to submit an Initial Notification of
Compliance Status for an existing stationary RICE with a site rating of less
than or equal to 500 brake HP by July 16, 2008.
Respondent has not submitted the Initial Notification of Compliance Status for
the limited use, 200 HP non-emergency stationary RICE identified as 0070-LU3,
in violation of Permit Condition E.8, and 40 CFR 63.6645.
c.
Pursuant to Permit Condition E.8, and 40 CFR
63.6650, requires Respondent to keep records of malfunctions and any deviations
of emissions or operating limits and to submit Annual Compliance Reports for
any malfunctions or deviations for an existing stationary RICE with a site
rating of less than or equal to 500 brake HP, due beginning January 31, 2009.
Respondent failed to keep records of malfunctions or any deviations of
emissions or operating limits and to submit Annual Compliance Reports for any malfunctions or deviations for the limited
use, 200 HP non-emergency stationary RICE identified as 0070-LU3, in violation
of Permit Condition E.8, and 40 CFR 63.6650.
7.
Respondent applied for a permit modification to
remove the engine from the permit, which was Part 70 Administrative Amendment
097-39615-00311, issued March 28, 2018.
8.
Respondent removed the limited use, two hundred
(200) HP non-emergency stationary RICE identified as 0070-LU3 from service.
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 rules, and permit
conditions listed in the findings above at issue.
3.
All submittals required by this Agreed Order,
unless Respondent is notified otherwise in writing by IDEM, shall be sent to:
Lisa Hayhurst,
Enforcement Case 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 Fifteen Thousand Seven Hundred Fifty Dollars ($15,750.00). 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 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
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Rolls-Royce Corporation |
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David
P. McIver, Chief |
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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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2018. |
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For
the Commissioner |
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Signed
on October 15, 2018 |
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Matthew
Stuckey, Deputy Assistant Commissioner |
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Office
of Air Quality |
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Indiana
Department of Environmental Management |
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