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-4492

)

ROOTS DIVISION, DRESSER )

EQUIPMENT GROUP, INC., )

)

Respondent. )

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.

1. Complainant is the Commissioner ("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 Roots Division, Dresser Equipment Group, Inc. ("Respondent"), which owns and operates an industrial and commercial blowers and fans fabrication facility located at 900 West Mount Street in Connersville, Fayette County, Indiana ("Site").

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

4. Pursuant to IC 13-30-3-3, on July 6, 2000, IDEM issued a Notice of Violation via Certified Mail to:

Robert P. Morrison, President

Roots Division, Dresser Industries

900 West Mount Street

Connersville, IN 47331

5. A records review was conducted at the Site by a representative of IDEM's Office of Air Management (OAM). The following violations were in existence or observed at the time of this records review:

A. Pursuant to 326 IAC 2-1-3, a source or facility which has allowable emissions of twenty-five (25) tons or more per year of any regulated pollutant shall apply for and obtain a construction permit prior to commencing construction. Facilities located at this industrial and commercial blowers and fans fabrication source: (a) a paint booth, identified as p.b. 2, in 1990; (b) a boiler, identified as b1, in 1983; (c) a sand blast booth, identified as s.b. 1, in 1981, were constructed without first applying for and obtaining a construction permit, a violation of 326 IAC 2-1-3.

B. Pursuant to 326 IAC 2-1-4, a source or facility which has allowable emissions of twenty-five (25) tons or more per year of any regulated pollutant shall apply for and obtain an operating permit prior to commencing operation. These facilities noted in paragraph A above began operating without first applying for and obtaining an operating permit, a violation of 326 IAC 2-1-4.

C. Pursuant to 326 IAC 8-2-9, sources or facilities which coat miscellaneous metal parts with actual volatile organic compound (VOC) emissions greater than 15 lbs/day may not cause, allow, or permit the discharge into the atmosphere of any VOCs in excess of 3.5 lbs/gallon of coating, excluding water, delivered to a coating applicator. This source exceeded this threshold, while using coatings that contained VOCs ranging from 4.6 to 8.11 pounds per gallon of coating, a violation of 326 IAC 8-2-9.

6. Respondent began using 326 IAC 8-2-9 compliant coatings in 1997.

7. In recognition of the settlement reached, Respondent waives any right to administrative and judicial review of this Agreed 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:

Mr. Michael Stonik, Enforcement Case Manager

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 Seven Thousand Eight Hundred Dollars ($7,800.00). Said penalty amount shall be due and payable to the Environmental Management Special Fund within 30 days of the Effective Date of this Agreed Order.

4. Civil penalty is 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 Order paragraph 3, 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.

8. 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.

9. 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.

10. 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.

11. This Agreed Order shall remain in effect until Respondent has complied with all terms and conditions of this Agreed Order.

TECHNICAL RECOMMENDATION: RESPONDENT:

Department of Environmental Management ROOTS DIVISION, DRESSER INDUSTRIES

By: By:

David P. McIver

Chief, Air Section Printed:

Office of Enforcement

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 , 2000.

For the Commissioner:

Signed on November 13, 2000

Felicia A. Robinson

Assistant Commissioner

Office of Enforcement