Respondent Name: Chiyoda USA Corporation

Case Number: 2020-27254-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 Chiyoda USA Corporation (“Respondent”), which owns and operates the stationary plastic automotive trim molding and surface coating facility with Plant ID No. 133-00019, located at 2200 State Road 240 East, in Greencastle, Putnam 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:

Kevin Redding, President Corporation System Corporation,

Chiyoda USA Corporation Registered Agent

2200 State Road 240 East, 251 East Ohio, Suite 500

PO Box 494 Indianapolis, IN 46204

Greencastle, IN 46135 sop@cscglobal.com

kredding@chiyoda-usa.com

5. At the time of an inspection conducted on July 15, 2020, the following violations were in existence or observed at the Site by a representative of IDEM’s Office of Air Quality (“OAQ”).

a. Pursuant to Part 70 Operating Permit 133-37638-00019 (“Permit”), Condition D.1.7(a), Daily inspections shall be performed to verify that the water level of the water pans meet the manufacturers recommended level. In addition, weekly observations shall be made of the overspray from the surface coating booth stacks while one or more of the booths are in operation.

Respondent failed to perform daily inspections of the water pans for PT531 from August 8, 2018 through January 27, 2019 and for PT536 from August 8, 2018 through January 1, 2019, in violation of Permit Condition D.1.7(a).

Respondent failed to perform weekly overspray observations of the stack associated with PT531 from August 8, 2018 to January 27, 2019 and for the stack associated with PT536 from August 8, 2018 to January 1, 2019, in violation of Permit Condition D.1.7(a).

b. Pursuant to Permit Condition D.1.7(b), daily inspections shall be performed to verify the placement, integrity and particle loading of the filters. To monitor the performance of the dry filters, weekly observations shall be made of the overspray from the stacks associated with the three (3) hand paint spray booths, identified as PT537, PT538, and PT539 while one or more of the booths are in operation.

Respondent failed to perform daily inspections to verify the placement, integrity and particle loading of the filters for PT538 from August 8, 2018 to December 31, 2019 and for PT539 from August 8, 2018 to February 27, 2019, in violation of Permit Condition D.1.7(b).

Respondent failed to perform weekly overspray observations of the stack associated with PT538 from August 8, 2018 to December 31, 2019 and for the stack associated with PT539 from August 8, 2018 to January 26, 2019, in violation of Permit Condition D.1.7(b).

6. 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 adopted via signature by Complainant or Complainant’s delegate, and the adopted Agreed Order has been received by Respondent. This Agreed Order shall have no force or effect until the Effective Date. This offer to settle the allegations contained in this Agreed Order does not bind or obligate the parties of this enforcement action if the Agreed Order is not adopted.

2. Respondent is assessed a civil penalty of Five Hundred Dollars ($500.00). Respondent shall pay said penalty amount no later than fifteen (15) days after the Effective Date (“Due Date”). In the event that the civil penalty is not paid by the Due Date, Respondent shall pay interest on the unpaid balance at the rate established by IC 24-4.6-1-101.

3. In the event the terms and conditions of this Agreed Order are violated, Complainant may seek additional relief.

4. 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

Accounts Receivable

IGCN, Room 1340

100 North Senate Avenue

Indianapolis, IN 46204

5. 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.

6. 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.

7. 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.

8. 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.

9. 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.

10. Nothing in this Agreed Order shall prevent IDEM or anyone acting on its behalf from communicating with the United States Environmental Protection Agency (“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.

11. Respondent warrants, at the time of its entry into this Agreed Order, that it is in compliance with the requirements of Permit Conditions D.1.7(a) and D.1.7(b).

12. The parties were free to consult with their respective counsel regarding entry into this Agreed Order to the extent each deemed necessary.

TECHNICAL RECOMMENDATION:			RESPONDENT:*
Department of Environmental Management
			Chiyoda USA Corporation
By:			By:
	David P. McIver, Chief		Printed:
	Enforcement Section		Title:
	Office of Air Quality
			Date:
APPROVED AND ADOPTED BY THE INDIANA DEPARTMENT OF ENVIRONMENTAL
MANAGEMENT THIS		DAY OF		, 2020.
			For the Commissioner:
			Signed on August 31, 2020
			Matthew Stuckey, Deputy Assistant Commissioner
			Office of Air Quality Indiana Department of Environmental Management

_____________________

* In the event that Respondent does not accept the settlement offer contained in this Agreed Order, IDEM notes that this document is a qualified offer of settlement, and therefore Rule 408 of Indiana Rules of Evidence applies to this document, rendering it inadmissible.