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-4254
)
PARKER HANNIFIN CORPORATION, )
)
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 Parker Hannifin Corporation (hereinafter referred to as "Respondent"), which owns and operates a 7-tank hard chrome electroplating facility at 1 Parker Drive, Ashley, 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 dated April 14, 1999 via Certified Mail to:
Dwayne Collins, President
Parker Hannifin Corporation
6035 Parkland Boulevard
Cleveland, Ohio 44124-4141
5. Rule 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 CFR Part 63, Subpart N.
6. The 7-tank hard chrome electroplating facility referred to in paragraph two (2) above is subject to the requirements of Rule 326 IAC 20-8.
7. 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 ±1 inch of water column of the pressure-drop value established during performance test(s). Performance tests of the Respondent's CMP for tank identified as VP1 established a pressure-drop value of 1.5 for the period including February 5, 1998 through February 26, 1998.
8. Designated Representatives of IDEM conducted an inspection of the Site on April 14, 1998. The respondent's records showed a pressure-drop that ranged from 2.7 to 4.4 on fifty-seven days during that time period, violations of 40 CFR § 63.343 (c)(1)(ii).
9. Pursuant to 40 CFR § 63.346 (b)(1), the owner or operator of an affected source subject to the provisions of subpart N shall maintain inspection records for the CMP and monitoring equipment, and document that the inspection and maintenance required by the work practice standards of § 63.342(f) and Table 1 of § 63.342 have taken place. During the inspection of the Respondent's records it was observed that it did not adequately maintain the inspection and maintenance records for the CMP and monitoring equipment, violations of 40 CFR § 63.346 (b)(1).
10. Pursuant to 40 CFR § 63.346 (b)(11), the owner or operator of an affected source subject to the provisions of subpart N shall maintain records of the total process operating time of the affected source during the reporting period. During the inspection of April 14, 1998, it was observed that records of total process operating time of the affected source were not correctly recorded during the reporting period, violations of 40 CFR § 63.346 (b)(11).
11. Pursuant to 40 CFR § 63.347 (c)(2)(ii), the owner or operator of a new or reconstructed affected source that has an initial startup after January 25, 1995, shall submit an initial notification of the date when construction or reconstruction was commenced no later than thirty (30) calendar days after such date. During the inspection of the Respondent's records it was observed that tanks HP4, HP5, and HP6 began operation in December, 1997, and that it failed to submit an initial notification of the date when construction was commenced within thirty (30) calendar days after such date.
12. 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 is assessed a civil penalty of Six Thousand Dollars ($6,000). 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.
4. 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
5. In the event that the civil penalty required by paragraph 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.
6. 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.
7. 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.
8. 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.
9. This Agreed Order shall remain in effect until Respondent complies with all requirements of this Agreed Order.
TECHNICAL RECOMMENDATION: PARKER HANNIFIN CORPORATION:
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 02/22/2001
Felicia A. Robinson
Assistant Commissioner
Office of Enforcement