STATE OF INDIANA ) BEFORE THE INDIANA DEPARTMENT
) SS: OF ENVIRONMENTAL MANAGEMENT
COUNTY OF MARION )
COMMISSIONER OF THE DEPARTMENT )
OF ENVIRONMENTAL MANAGEMENT, )
)
Complainant, )
)
v. ) Case No. 2000-9562-H
)
TOYOTA MOTOR MANUFACTURING, )
INDIANA, INC., )
)
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 ("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 Toyota Motor Manufacturing, Indiana, Inc. ("Respondent"), which owns the company with U.S. EPA ID No. INR 000 006 213, located at 4000 Tulip Tree Drive in Princeton, Gibson 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 October 3, 2000, IDEM issued a Notice of Violation via Certified Mail to:
Mr. Seizo Okamoto, President C.T. Corp., Registered Agent
Toyota Motor Manufacturing, Toyota Motor Manufacturing,
Indiana, Inc. Indiana, Inc.
4000 Tulip Tree Drive One North Capitol Avenue
P.O. Box 4000 Indianapolis, Indiana 46204
Princeton, Indiana 47670
5. Respondent notified the U.S. EPA of Large Quantity Generator activities on April 22, 1996 and the Site was issued the U.S. EPA ID No. INR 000 006 213. Respondent is a large automotive assembly plant.
6. An inspection on May 24th and 25th, 2000, was conducted at the Site by representatives of IDEM's Office of Land Quality. The following violations were in existence or observed at the time of this inspection:
a. Pursuant to 40 CFR 262.34(a)(1)(ii) referencing 40 CFR 265.193(f), ancillary equipment must be provided with full secondary containment. Respondent did not provide secondary containment for numerous threaded and flanged connections and valves located inside the manufacturing plant and associated with the paint purge system.
b. Pursuant to 40 CFR 262.34(a)(1)(ii) referencing 40 CFR 265.202, generators must manage all hazardous waste in a tank in accordance with the applicable requirements of 40 CFR Subparts AA, BB, and CC. Respondent had not adequately implemented Subpart BB leak detection and repair requirements, equipment marking and monitoring, and recordkeeping.
c. Pursuant to 40 CFR 262.34(a)(1)(ii) referencing 40 CFR 265.1085 (c)(4)(ii), owners and operators controlling air pollutant emissions from a tank using Tank Level I controls shall perform an initial inspection of the fixed roof and its closure devices on or before the date that the tank becomes subject to this section. Thereafter, the tanks shall be inspected at least once every year. Respondent had not conducted the required initial and annual inspections. Respondent contends that compliant inspections were performed.
7. 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. Within one (1) year of the Effective Date of this Agreed Order, Respondent shall comply with the secondary containment requirements contained in 40 CFR 265.193(f). IDEM hereby agrees that the following equipment and/or work practices would constitute compliance with these secondary containment requirements for all "ancillary" equipment:
a. The paint booths themselves are considered secondary containment.
b. Secondary containment for non-welded pipe joints located in the area from outside the paint booths to the accumulation tank would be satisfied by use of "Lokring" fittings maintained according to manufacturers' instruction with daily visual inspections, or other suitable means.
c. Secondary containment for any valves outside of the paint booths would be satisfied by use of jacketed fittings, trays, or other suitable means to capture any potential drips.
d. Secondary containment for pumps outside the paint booths would be satisfied by trays or other suitable means.
e. Secondary containment for the equipment in the mix room would be satisfied by the use of trays, Lokrings, jacketed fittings, or other suitable means.
f. Where trays provide secondary containment, the trays need only be large enough to contain any potential drips.
If Respondent chooses alternative means to achieve compliance, it will submit a summary of those alternative means to IDEM for concurrance. Regardless of the measures Respondent uses to provide secondary containment, compliance will be achieved within one (1) year of the Effective Date of this Order.
3. Within forty-five (45) days of the Effective Date of this Agreed Order, Respondent shall comply with 40 CFR 265.202 for valves and pumps located in the area from the paint booth purge receptacles to the outside accumulation tank. IDEM hereby agrees that the following equipment and/or work practices constitute compliance with the requirements of 40 CFR 265.202 for those devices:
a. Leak detection requirements for valves will be satisfied by monitoring in accordance with 40 CFR 265, Subpart BB. This may include identifying certain valves as unsafe-to-monitor pursuant to 40 CFR 265.1057(g). For
valves designated as unsafe-to-monitor, Respondent shall develop a monitoring plan pursuant to 40 CFR 265.1064(h)(1).
b. The paint booths and associated control technology are subject to the air program permit requirements. There are pumps located inside the paint booths, under grating, and in areas that may pose hazards to personnel attempting to monitor the pumps. Based on its review, IDEM agrees that Toyota may designate pumps inside the paint booths below the gratings as "unsafe-to-monitor." Compliance for "unsafe-to-monitor" pumps will be satisfied by monitoring pursuant to a monitoring plan developed by Respondent at a frequency determined by Respondent, which would specify monitoring only during safe-to-monitor times
c. IDEM will review whether other pumps satisfy the unsafe-to-monitor criteria based on criteria set out in 40 CFR 265.1057(g). IDEM will provide Respondent with written confirmation of whether specifically designated pumps are deemed by IDEM to be unsafe-to-monitor and pumps so designated are to be monitored only during safe-to-monitor times, as determined by Respondent.
d. Automatic painting zone purge solvent receptacles subject to the requirements of 40 CFR 265.1056 will be considered in compliance with those requirements if:
(i)
A. Respondent complies with the requirements of its air permit with regards to purge solvent recovery; and
B. Respondent pumps and removes as much purge solvent as practical from the above grating purge solvent pump stations inside the booths at the end of each shift of production.
(ii) Other suitable means are implemented. If Respondent chooses to implement other suitable means to comply with the requirements of 40 CFR 265.1056, Respondent shall submit a summary of these "other suitable means" to IDEM for concurrance.
4. Within forty-five (45) days of the Effective Date of this Order, Respondent shall comply with 40 CFR 265.1085(c). Specifically, Respondent shall conduct and document annual inspections of all tanks subject to Subpart CC. Complainant acknowledges that it has reviewed Respondent's forms used to document the annual inspections and has determined that those forms are adequate for capturing the information required under this paragraph 4.
5. Within forty-five (45) days of the Effective Date of this Order, Respondent shall submit to IDEM a written, detailed explanation of how paragraph 2 of the Order shall be accomplished.
6. All submittals required by this Agreed Order, unless notified otherwise in
writing, shall be sent to:
Ms. Aubrey N. Sherif,
Enforcement Case Manager
Office of Enforcement
Indiana Department of Environmental Management
100 N. Senate Avenue
P. O. Box 6015
Indianapolis, IN 46206-6015
7. Respondent is assessed a civil penalty of Twenty One Thousand, Five Hundred Dollars ($21,500). 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.
8. 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:
Cashier
IDEM
100 N. Senate Avenue
P. O. Box 7060
Indianapolis, IN 46207-7060
9. In the event the civil penalty required by Order paragraph 7 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.
10. 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.
11. 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.
12. 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.
13. This Agreed Order, and compliance with its terms, shall resolve all of Respondent's violations of 40 CFR 265, Subparts BB, CC, and J, which were noted during the inspections on May 24 and 25, 2000.
TECHNICAL RECOMMENDATION: RESPONDENT:
Department of Environmental Management
By: _________________________ By: _________________________
Nancy Johnston, Chief Mr. Seizo Okamoto
Hazardous Waste Section President, Toyota Motor Manufacturing,
Office of Enforcement Indiana, Inc.
Printed: ______________________
Date: ________________________ Date: ________________________
COUNSEL FOR COMPLAINANT: COUNSEL FOR RESPONDENT:
Department of Environmental Management
By: _________________________ By: ________________________
Michael S. Byron Anthony C. Sullivan (#14974-54)
Office of Legal Counsel Guinn P. Doyle (#16697-49)
Department of Environmental Management Barnes & Thornburg
Date: _______________________ Date: ______________________
APPROVED AND ADOPTED BY THE INDIANA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT THIS _____ DAY OF ____________________, 2001.
For the Commissioner:
Signed December 27, 2001
Felicia A. Robinson
Deputy Commissioner
for Legal Affairs