) SS: OF ENVIRONMENTAL MANAGEMENT
COMMISSIONER OF THE DEPARTMENT )
OF ENVIRONMENTAL MANAGEMENT, )
)
Complainant, )
)
v. ) Case No. 2003-13072-A
)
FRANK KING )
D/B/A
)
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.
I. FINDINGS
OF FACT
1. Complainant is the Commissioner (“Complainant”)
of the Indiana Department of Environmental Management, a department of the
State of
2. Respondent is Frank King DBA Illinois
Cleaners (“Respondent”), which owns and operates the dry cleaning facility
located at
3. The
4. Pursuant to IC 13-30-3-3, on
Frank King DBA
5. An inspection, on
a. Pursuant to 326 IAC 20-7-1, the provisions of 40 CFR 63, Subpart M, National Emission Standards for Hazardous Air Pollutants for Source Categories: Perchloroethylene Dry Cleaning Facilities, as amended at 61 FR 27785 (June 3, 1996), were adopted by reference by the air pollution control board. Pursuant to 40 CFR 63.322(a)(1), the owner or operator of a dry cleaning system must operate each dry-to-dry machine using a refrigerated condenser or an equivalent control device.
This facility was not equipped with a refrigerated condenser or equivalent control device on the dry-to-dry machine, a violation of 40 CFR 63.322(a)(1).
b. Pursuant to 326 IAC 20-7-1, the provisions of 40 CFR 63, Subpart M, National Emission Standards for Hazardous Air Pollutants for Source Categories: Perchloroethylene Dry Cleaning Facilities, as amended at 61 FR 27785 (June 3, 1996), were adopted by reference by the air pollution control board. Pursuant to 40 CFR 63.322(e)(2), each dry to dry machine with a refrigerated condenser shall be operated to not vent or release within the dry to dry machine to the atmosphere while the dry cleaning machine drum is rotating; it shall be operated with a diverter valve.
This facility has a dry-to-dry machine that was not equipped with a refrigerated condenser or equivalent control device on the dry to dry machine, a violation of 40 CFR 63.322(e)(2).
c. Pursuant to 326 IAC 20-7-1, the provisions of 40 CFR 63, Subpart M, National Emission Standards for Hazardous Air Pollutants for Source Categories: Perchloroethylene Dry Cleaning Facilities, as amended at 61 FR 27785 (June 3, 1996), were adopted by reference by the air pollution control board. Pursuant to 40 CFR 63.322(n), adjustments or repairs shall be made to the dry cleaning system or control device to meet the following: If repair parts need to be ordered, either a written or verbal order for such parts shall be initiated within two (2) working days of detecting such a parameter value. Such repair parts shall be installed within five (5) working days after receipt of repair part.
This facility did not repair the refrigerated condenser or equivalent control device on the dry-to-dry machine within 24 hours or finding the problem, a violation of 40 CFR 63.322(n).
d. Pursuant to 326 IAC 20-7-1, the provisions of 40 CFR 63, Subpart M, National Emission Standards for Hazardous Air Pollutants for Source Categories: Perchloroethylene Dry Cleaning Facilities, as amended at 61 FR 27785 (June 3, 1996), were adopted by reference by the air pollution control board. Pursuant to 40 CFR 63.323(a)(1), the owner or operator of a dry cleaning system must measure the temperature on the refrigerated condenser exhaust weekly.
This facility did not conduct
temperature measurements since
e. Pursuant to 326 IAC 20-7-1, the provisions of 40 CFR 63, Subpart M, National Emission Standards for Hazardous Air Pollutants for Source Categories: Perchloroethylene Dry Cleaning Facilities, as amended at 61 FR 27785 (June 3, 1996), were adopted by reference by the air pollution control board. Pursuant to 40 CFR 63.324(d)(1) and (2), the owner or operator of a dry cleaning facility must maintain a log of the amount of perchloroethylene purchased in the prior month and the total amount of perchloroethylene purchased in the prior twelve months.
The facility was not maintaining a complete and up to date monthly and twelve month rolling total of perchloroethylene purchase record. The last monthly entry of perchloroethylene purchased was September, 2000 and the last twelve month rolling total of perchloroethylene purchased was January, 2000, a violation of 40 CFR 63.324(d)(1) and 40 CFR 63.324(d)(2).
f. Pursuant to 326 IAC 20-7-1, the provisions of 40 CFR 63, Subpart M, National Emission Standards for Hazardous Air Pollutants for Source Categories: Perchloroethylene Dry Cleaning Facilities, as amended at 61 FR 27785 (June 3, 1996), were adopted by reference by the air pollution control board. Pursuant to 40 CFR 63.324(d)(3), the owner or operator of a dry cleaning facility must maintain a log of the dates when leak detection inspections are conducted on dry cleaning system components.
The leak detection inspection record was not maintained for all of August, 2002 through the third week of April, 2003, a violation of 40 CFR 63.324(d)(3).
g. Pursuant to 326 IAC 20-7-1, the provisions of 40 CFR 63, Subpart M, National Emission Standards for Hazardous Air Pollutants for Source Categories: Perchloroethylene Dry Cleaning Facilities, as amended at 61 FR 27785 (June 3, 1996), were adopted by reference by the air pollution control board. Pursuant to 40 CFR 63.324(d)(5), the owner or operator of a dry cleaning facility must maintain a log of weekly temperature readings of the refrigerated condenser exhaust.
This facility did not
maintain a log of weekly temperature readings since
h. Pursuant to 326 IAC 20-7-1, the provisions of 40 CFR 63, Subpart M, National Emission Standards for Hazardous Air Pollutants for Source Categories: Perchloroethylene Dry Cleaning Facilities, as amended at 61 FR 27785 (June 3, 1996), were adopted by reference by the air pollution control board. Pursuant to 40 CFR 63.324(e), each owner or operator of a dry cleaning facility shall retain onsite a copy of the design specifications and the operating manuals for each dry cleaning system and each emission control device located at the dry cleaning facility.
This facility did not provide the design specifications or the operating manual for each dry cleaning system, a violation of 40 CFR 63.324(e).
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 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. Respondent shall comply with 40 CFR 63.322 (a) (1), 40 CFR 63.322 (e) (2), 40 CFR 63.322 (n), 40 CFR 63.323 (a) (1), 40 CFR 63.324 (d) (1) and (2), 40 CFR 63.324 (d) (3), 40 CFR 63.324 (d) (5) and 40 CFR 63.324 (e).
3. The Bowe Permac dry -to-dry machine with serial number ET500-4740174 located at the Site, shall not operate.
4. The Bowe Permac dry-to-dry machine with serial number ET500-4740174, shall not operate until it has been properly repaired and equipped with a refrigerated condenser or equivalent control device. IDEM must be notified that the Bowe Permac dry-to-dry machine is operational and meets the requirements of 40CFR 63.322(a)(1).
5. All submittals required by this Agreed Order, unless notified otherwise in writing, shall be sent to:
Ms. Amy
Moreland, Enforcement Case Manager
Office of Enforcement
Indiana Department of Environmental Management
6. The
civil penalty has been waived based upon evidence submitted by the Respondent
which adequately demonstrated an inability to pay.
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
until Respondent has complied with all terms and conditions of this Agreed
Order.
TECHNICAL RECOMMENDATION: RESPONDENT:
Department of Environmental Frank
King DBA
By: _________________________ By: _________________________
David P. McIver
Chief, [Section] 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
Date: _______________________ Date: ______________________
APPROVED AND ADOPTED BY THE INDIANA DEPARTMENT OF
ENVIRONMENTAL MANAGEMENT THIS _____ DAY OF _______________, 20__.
For the Commissioner:
Signed
October 1, 2004
___________________________
Felicia A. Robinson
Deputy Commissioner
for Legal Affairs