STATE OF INDIANA ) BEFORE THE INDIANA DEPARTMENT

) SS: OF ENVIRONMENTAL MANAGEMENT

COUNTY OF MARION )



COMMISSIONER OF THE DEPARTMENT )

OF ENVIRONMENTAL MANAGEMENT, )

)

Complainant, )

)

v. ) CAUSE NO. A-4235

)

ARVIN-KAYABA, LLC, )

)

Respondent. )



AGREED ORDER



The Complainant and the 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.



I. FINDINGS OF FACT



1. Complainant is the Commissioner (hereinafter referred to as "Complainant") of the Indiana Department of Environmental Management, a department of the State of Indiana created by IC 13-13-1-1.



2. Respondent is Arvin-Kayaba, LLC (hereinafter referred to as "Respondent"), which owns and operates two hard chrome electroplating tanks, identified as tanks 1 and 2, located at 2625 North Morton, Franklin, Indiana (the Site).



3. The Indiana Department of Environmental Management ("IDEM") has jurisdiction over the parties and subject matter of this action.





4. Pursuant to IC 13-30-3-3, IDEM issued a Notice of Violation via Certified Mail to:



David S. Hoyte, Registered Agent

Arvin-Kayaba, LLC

2625 North Morton

Franklin, Indiana 46131

5. 326 IAC 20-8 incorporates by reference the provisions of the National Emission Standards for Hazardous Air Pollutants (NESHAPs) for Hard and Decorative Chromium Electroplating and Chromium Anodizing Tanks found at 40 C.F.R. Part 63, Subpart N.



6. Pursuant to 40 C.F.R. § 63.343 (c)(1)(ii), the pressure-drop across the composite mesh-pad (CMP) scrubber system shall be operated within plus or minus1 inch of water column of the established pressure-drop value. For the period October 17, 1997 to February 19, 1998, the established pressure-drop value for tank P1 was 2.65.



7. Designated representatives of IDEM conducted a records review in February, 1998. During that review it was observed that the pressure-drop across the CMP for tank P1 was outside the established range on ninety-two days during this period, violations of 40 C.F.R. § 63.343 (c)(1)(ii).



8. For the time period beginning October 28, 1997 and ending February 19, 1998, the established pressure-drop value for tank P2 was 4.0. During the records review it was observed that the pressure-drop across the CMP for tank P2 was outside the established range for sixteen days during this period, violations of 40 C.F.R. § 63.343 (c)(1)(ii).



9. Written communication from the Respondent revealed that for the time period beginning February 20, 1998 and ending in mid-April 2000, the pressure-drop across the CMPs associated with the Respondent's tanks P1 and/or P2 was outside the established range for a combined total of three hundred eighty-six days in 1998, four hundred fifty-four days in 1999, and ninety days in 2000, violations of 40 C.F.R. § 63.343 (c)(1)(ii).

10. 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 the Complainant or her delegate, and has been received by the Respondent. This Agreed Order shall have no force or effect until the Effective Date.



2. All submittals required by this Agreed Order, unless notified otherwise in writing, shall be sent to:



Eric Larsen, Environmental Engineer

Office of Enforcement

Indiana Department of Environmental Management

100 N. Senate Avenue

P. O. Box 6015

Indianapolis, IN 46206-6015

3. Respondent shall comply with 40 C.F.R. Part 63, Subpart N.



4. Respondent is assessed a civil penalty of Twenty-One Thousand Dollars ($21,000). Said penalty amount shall be due and payable to the Environmental Management Special Fund within thirty (30) days of the Effective Date of this Agreed Order.



5. Civil penalties are payable by check to the Environmental Management Special Fund. Checks shall include the Cause Number of this action and shall be mailed to:



Cashier

IDEM

100 N. Senate Avenue

P. O. Box 7060

Indianapolis, IN 46207-7060

6. In the event that the civil penalty required by paragraph 4 is not paid within thirty (30) days of the Effective Date of this Agreed Order, Respondent shall pay interest on the unpaid balance at the rate established by IC 24-4.6-1-101. The interest shall continue to accrue until the civil penalty is paid in full.

7. This Agreed Order shall apply to and be binding upon the Respondent, its successors and assigns. The Respondent's signatories to this Agreed Order certify that they are fully authorized to execute this document and legally bind the parties they represent. No change in ownership, corporate, or partnership status of the Respondent shall in any way alter its status or responsibilities under this Agreed Order.



8. In the event that any terms of the 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 the Agreed Order did not contain the invalid terms.

9. The 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 shall remain in effect for a period of two years from the Effective Date of this Agreed Order.



11. Final adoption of this Agreed Order constitutes the full and final resolution of all violations described in the Findings of Fact of this Agreed Order.

TECHNICAL RECOMMENDATION: ARVIN-KAYABA, LLC:

Department of Environmental Management



By: _________________________ By: _________________________

David P. McIver

Chief, Air Section

Office of Enforcement Printed: ______________________

Title: ________________________

Date: ________________________ Date: ________________________





COUNSEL FOR COMPLAINANT: COUNSEL FOR RESPONDENT:

Department of Environmental Management



By: _________________________ By: ________________________

Office of Legal Counsel

Department of Environmental Management



Date: _______________________ Date: ______________________





APPROVED AND ADOPTED BY THE INDIANA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT THIS _____ DAY OF ____________________, 20___.



For the Commissioner:



Signed on 04/10/2001

Felicia A. Robinson

Assistant Commissioner

Office of Enforcement