STATE OF INDIANA COUNTY OF MARION	) ) )	SS:	BEFORE THE INDIANA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT
COMMISSIONER OF THE DEPARTMENT OF ENVIRONMENTAL MANAGEMENT, Complainant, v. AISIN U.S.A. MANUFACTURING, INC., Respondent.				) ) ) ) ) ) ) ) ) )	Case No. 2017-24488-A

AGREED ORDER

Complainant and 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 (“Complainant”) of the Indiana Department of Environmental Management (“IDEM”), a department of the State of Indiana created by Indiana Code (“IC”) 13-13-1-1.

2. Respondent is Aisin U.S.A Manufacturing, Inc. (“Respondent”), which owns and operates the facility with Plant I.D. No. 071-00017, located at 1700 East 4^th Street, in Jackson County, Indiana (“Site”).

3. IDEM 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 (“NOV”) via Certified Mail to:

Mr. Makoto Endo, President Mr. Corporation Service Company

Aisin U.S. A. Manufacturing, Inc. 135 North Pennsylvania Street

1700 East 4^th Street Suite 1610

Seymour, IN 47274 Indianapolis, IN 46024

5. Respondent owns and operates a stationary automotive component manufacturing plant.

6. During an investigation conducted by a representative of IDEM, the following violations were found:

a. Pursuant to 326 IAC 2-5.1-3, no major source may be constructed prior to receiving an air permit.

Respondent constructed a major source prior to obtaining a permit, in violation of 326 IAC 2-5.1-3.

b. Pursuant to 326 IAC 2-7-2, no major source shall operate without a Title V permit.

Respondent failed to obtain a Title V permit prior to operating a major source, in violation of 326 IAC 2-7-2.

7. Respondent was issued a Minor Source Operating Permit (071-21132-00017 on August 4, 2005.

8. Respondent submitted a permit application on August 18, 2015 disclosing an internal audit discovered two surface coating operations had been constructed and operated without approval. A request to transition to a Federally Enforceable Source Operating Permit was submitted simultaneously.

9. Respondent was issued a Federally Enforceable Source Operating Permit (071-36172-00017) on May 12, 2016.

10. 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 Complainant or Complainant’s delegate, and has been received by Respondent. This Agreed Order shall have no force or effect until the Effective Date.

2. Respondent shall comply with 326 IAC 2-5.1-3 and 326 IAC 2-7-2.

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

Susan Raisor, Compliance and Enforcement Manager

Indiana Department of Environmental Management

820 W. Sweet Street

Brownstown, IN 47220

4. Respondent is assessed and agrees to pay a civil penalty of Nine Thousand Dollars ($9,000.00). The civil penalty shall be due and payable to Environmental Management Special Fund within thirty (30) days of the Effective Date; the 30^th day being the “Due Date”.

5. Respondent agrees to pay avoided FESOP fees in the amount of Five Thousand Twenty Five Dollars ($5,025.00). Avoided FESOP fees are assessed for the period of July 2013 to May 2016, during which Respondent was operating without the required FESOP permit. Said fee amount shall be due and payable to IDEM within thirty (30) days of the Effective Date.

6. Civil penalties are FESOP fees are payable by check to “IDEM”. A cover letter shall accompany the check specifying that $9,000.00 in civil penalties shall be deposited into the Environmental Management Special Fund and $5,025.00 in FESOP fees shall be deposited into the Title V Investments Fund. Checks shall include the Case Number of this action and shall be mailed to:

IDEM Office of Legal Counsel

IGCN, Room N1307

100 N. Senate Avenue

Indianapolis, IN 46204

7. This Agreed Order shall apply to and be binding upon Respondent and its successors and assigns. Respondent’s signatories to this Agreed Order certify that they are fully authorized to execute this Agreed Order and legally bind the party they represent. No change in ownership, corporate, or partnership status of Respondent shall in any way alter its status or responsibilities under this Agreed Order.

8. In the event that the monies due to IDEM pursuant to this Agreed Order are not paid on or before their Due Date, Respondent shall pay interest on the unpaid balance at the rate established by IC 24-4.6-1. The interest shall be computed as having accrued from the Due Date until the date that Respondent pays any unpaid balance. Such interest shall be payable to the Environmental Management Special Fund, and shall be payable to IDEM in the manner specified in Paragraph 5, above.

9. In the event that any terms of this 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 this Agreed Order did not contain the invalid terms.

10. 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 is not and shall not be interpreted to be a permit or a modification of an existing permit. This Agreed Order, and IDEM’s review or approval of any submittal made by Respondent pursuant to this Agreed Order, shall not in any way relieve Respondent of their obligation to comply with the requirements of their applicable permit or any applicable Federal or State law or regulation.

12. Complainant does not, by its approval of this Agreed Order, warrant or aver in any manner that Respondent’s compliance with any aspect of this Agreed Order will result in compliance with the provisions of any permit, order, or any applicable Federal or State law or regulation. Additionally, IDEM or anyone acting on its behalf shall not be held liable for any costs or penalties Respondent may incur as a result of Respondent’s efforts to comply with this Agreed Order.

13. Nothing in this Agreed Order shall prevent or limit IDEM’s rights to obtain penalties or injunctive relief under any applicable Federal or State law or regulation, except that IDEM may not, and hereby waives its right to, seek additional civil penalties for the same violations specified in the NOV.

14. Nothing in this Agreed Order shall prevent IDEM or anyone acting on its behalf from communicating with the EPA or any other agency or entity about any matters relating to this enforcement action. IDEM or anyone acting on its behalf shall not be held liable for any costs or penalties Respondent may incur as a result of such communications with the EPA or any other agency or entity.

TECHNICAL RECOMMENDATION:			RESPONDENT:
Department of Environmental Management			Aisin U.S.A. Manufacturing, Inc.
By:			By:
	Mark A. Amick, Director		Printed:
	Southeast Regional Office		Title:
	Indiana Department of Environmental Management
Date:			Date:
			COUNSEL FOR RESPONDENT:
			By:
			Date:
APPROVED AND ADOPTED BY THE INDIANA DEPARTMENT OF ENVIRONMENTAL
MANAGEMENT THIS		DAY OF		, 2018.
			For the Commissioner
			Signed on January 3, 2018
			Keith Baugues, Assistant Commissioner
			Office of Air Quality
			Indiana Department of Environmental Management