STATE OF INDIANA		)	SS:	BEFORE THE INDIANA DEPARTMENT OF
		)
COUNTY OF MARION		)		ENVIRONMENTAL MANAGEMENT
COMMISSIONER OF THE DEPARTMENT					)
OF ENVIRONMENTAL MANAGEMENT,					)
					)
Complainant,					)
					)
	v.				)	Case No. 2004-14263-A
					)
DRAGON/ESP-MIDWEST, LTD.,					)
					)
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, except a proceeding to enforce this Order.

I. FINDINGS OF FACT

1. Complainant is the Commissioner (AComplainant@) of the Indiana Department of Environmental Management, a department of the State of Indiana created by IC 13-13-1-1.

2. Respondent is Dragon/ESP – Midwest, Ltd. (ARespondent@), which owns and operates a grit blast booth identified as EU-02 at its stationary metal fabricating facility with Federal ID number 049-00008 located at 8857 East State Road 14 in Akron, Indiana, Fulton County (ASite@).

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

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

President	Capital Corporate Services, Inc.
The Modern Group GP Sub., Inc.	Registered Agent for
General Partner of	Dragon/ESP – Midwest, Ltd.
Dragon/ESP – Midwest, Ltd.	55 Monument Circle, Suite 1424
16555 Louisiana	Indianapolis, IN 46204
Beaumont, TX 7701

5. A records review was conducted for the Site by a representative of IDEM=s Office of Air Quality (OAQ). The following violations were in existence at the time of this records review:

A. Pursuant to 326 IAC 2-7-3, no Part 70 source may operate after the time that it is required to submit a timely and complete application except in compliance with a Part 70 permit issued under this rule. A source can continue to operate without being in violation of this rule if it submits a timely and complete application.

This source operated without submitting a timely and complete Part 70 permit application, a violation of 326 IAC 2-7-3.

B. Pursuant to 326 IAC 2-7-4, a timely Part 70 application is one that is received within twelve (12) months after the source becomes subject to the Part 70 permit program. For applicable sources in existence on December 14, 1995, the deadline is December 13, 1996. For other sources, the deadline is twelve (12) months from the date the source first meets an applicability criterion of section 2 of this rule.

This source failed to submit a timely Part 70 application, a violation of 326 IAC 2-7-4.

6. Respondent submitted its Part 70 operating permit application on June 2, 2004. A FESOP number F049-19280-00008 issued on September 1, 2004.

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. Respondent shall comply with all the requirements of FESOP number F049-19280-00008 issued on September 1, 2004, and all of its subsequent amendments and modifications.

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

Mr. Michael Stonik

Office of Enforcement Mail Code 60-02

Indiana Department of Environmental Management

100 N. Senate Avenue

Indianapolis, IN 46204-2251

4. Respondent is assessed a civil penalty of Four Thousand Two Hundred Fifty Dollars ($4,250.00). 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 and stipulated 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:

Indiana Department of Environmental Management

Cashier’s Office Mail Code 50-10C

100 N. Senate Avenue

Indianapolis, IN 46204-2251

6. In the event that the civil penalty required by Order paragraph 4 of this Agreed Order 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 until Respondent has complied with all terms and conditions of this Agreed Order.

TECHNICAL RECOMMENDATION:			RESPONDENT:
Department of Environmental Management			Dragon/ESP-Midwest, Ltd.
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
Date:			Date:	____________
APPROVED AND ADOPTED BY THE INDIANA DEPARTMENT OF ENVIRONMENTAL
MANAGEMENT THIS		DAY OF				, 200	.
			For The Commissioner:
			Signed on October 24, 2005
			Matthew T. Klein
			Assistant Commissioner
			of Compliance and Enforcement