STATE OF
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BEFORE THE
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COUNTY OF
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ENVIRONMENTAL
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COMMISSIONER
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OF
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Complainant, |
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Case Nos. 2018-25106-A
& 2019-26588-A |
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TEXAS
EASTERN TRANSMISSION, LP – GAS CITY COMPRESSOR STATION, |
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Respondent. |
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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 Indiana Code (“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 IC
13-13-1-1.
2.
Respondent
is Texas Eastern Transmission, LP – Gas City Compressor Station (“Respondent”),
which owns and operates the stationary pipeline compressor station with Plant
ID No. 053-00040, located at 5163 East 900 South, in Jonesboro, Grant County,
Indiana (“Site”).
3.
IDEM has jurisdiction over the parties and the
subject matter of this action.
4.
By email dated December 17, 2019, Respondent waived
issuance of a Notice of Violation (“NOV”) and the settlement period of sixty
(60) days, as provided for by IC 13-30-3-3, for the violations described in the
Enforcement Action Letters issued to Respondent on March 2, 2018
and November 1, 2019.
5.
During
an investigation conducted by representatives of IDEM, the following violations
were found:
a.
Pursuant
to Part
70 Permit 053-34327-00040 condition D.1.8(a) and subsequently issued permits
with a corresponding condition,
Respondent shall
perform Volatile Organic Compounds (“VOC”) testing of the reciprocating
compressor engine 12203 at least once every five (5) years from the date of the
most recent valid compliance demonstration.
Respondent failed
to perform VOC testing of the reciprocating compressor engine 12203 at least
once every five (5) years by failing to test by June 11, 2015, in violation of Part 70 Permit
053-34327-00040 condition D.1.8(a) and subsequently issued permits with a corresponding
condition.
b.
Pursuant
to Part
70 Permit 053-34327-00040 condition D.1.8(d) and subsequently issued permits
with a corresponding condition,
not later than 180 days after issuance of Part 70 Permit 053-34327-00040, Respondent shall perform Nitrogen
Oxides (“NOx”) testing of the reciprocating compressor engine 12203 at least
once every five (5) years from the date of the most recent valid compliance
demonstration.
Respondent failed
to perform NOx testing of the reciprocating compressor engine 12203 within 180
days by failing to test by February 14, 2015, in violation of Part 70 Permit 053-34327-00040 condition
D.1.8(a) and subsequently issued permits with a corresponding condition.
c.
Pursuant
to Part 70 permit 053-38000-00040 condition B.9(c), the Annual Compliance
Certification (ACC) shall include the compliance status and whether compliance
was continuous or intermittent.
Respondent submitted ACCs for the 2015 and 2016 reporting years certifying
compliance although the appropriate VOC and NOx testing had not been completed,
in violation of Part 70 permit 053-38000-00040 condition B.9(c).
d.
Pursuant
to 40 CFR 60.4243(b)(2)(ii), the owner or operator of a stationary spark
ignition internal combustion engine greater than 500 HP must conduct an initial
performance test and conduct subsequent performance testing every 8,750 hours
or three years, whichever comes first.
Respondent failed to conduct subsequent performance testing within 3 years by
failing to test the engine identified as 12236 by February 10, 2019, in
violation of 40 CFR 60.4243(b)(2)(ii).
6.
Respondent
submitted corrected ACCs for the reporting years 2015 and 2016 on December 27,
2017.
7.
Respondent
reported to IDEM that while engine 12203 remains available to meet Federal
Energy Regulatory Commission requirements, engine 12203 is in
need of repair and is not operational
8.
Respondent
conducted testing of the internal combustion engine 12236 on August 29, 2019.
9.
Orders
of the Commissioner are subject to administrative review by the Office of
Environmental Adjudication under IC 4-21.5; however, in recognition of the settlement
reached, Respondent acknowledges notice
of this right and 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 the Part 70 permit
053-38000-00040 unless superseded by a permit modification or renewal.
3.
Respondent shall comply with 40 CFR 60 Subpart
JJJJ, Standards of Performance for Stationary Spark Ignition Internal
Combustion Engines.
4.
Within sixty (60) days of the Effective Date,
Respondent shall submit a compliance plan to IDEM for approval for conducting
VOC and NOx compliance emissions testing of the reciprocating compressor engine
12203. The compliance plan shall require
the VOC and NOx testing to be conducted no later than sixty (60) days from the
next operation of the reciprocating compressor engine 12203.
5.
All submittals required by this Agreed Order,
unless IDEM notifies the Respondent otherwise in writing, shall be sent to:
Matthew
Chaifetz, Senior Enforcement Case Manager
Office of Air Quality
Indiana
Department of Environmental Management
100 North
Senate Avenue
Indianapolis,
IN 46204-2251
mchaifet@idem.IN.gov
6.
Pursuant to IC 13-30-4-1, Respondent is
assessed and agrees to pay a civil penalty of Sixteen Thousand One Hundred Eighty-Seven
Dollars and Fifty Cents ($16,187.50). Said
penalty amount shall be due and payable to the Environmental Management Special
Fund within thirty (30) days of the Effective Date; the thirtieth day being the
“Due Date.”
7.
In the event the terms and conditions of the
following paragraphs are violated, Complainant may assess
and Respondent shall pay stipulated penalties in the following amounts:
Paragraph |
Violation |
Stipulated
Penalty |
4 |
Failure
to submit a compliance plan. |
$500 per week or part thereof |
8.
Stipulated penalties shall be due and payable
no later than the thirtieth day after Respondent receives written notice that
Complainant has determined a stipulated penalty is due; the thirtieth day being
the “Due Date.” Complainant may notify Respondent at any time that a stipulated
penalty is due. Failure to notify Respondent in writing in a timely manner of a
stipulated penalty assessment shall not waive Complainant’s right to collect
such stipulated penalty or preclude Complainant from seeking additional relief
against Respondent for violation of this Agreed Order. Neither assessment nor
payment of stipulated penalties shall preclude Complainant from seeking
additional relief against Respondent for a violation of this Agreed Order; such
additional relief includes any remedies or sanctions available pursuant to
Indiana law, including, but not limited to, civil penalties pursuant to IC
13-30-4.
9.
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
Accounts
Receivable
IGCN, Room
1340
100 North
Senate Avenue
Indianapolis,
IN 46204
10.
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 9,
above.
11.
Signatories to this Agreed Order certify that
they are fully authorized to execute this Agreed Order and legally bind the
party they represent.
12.
This Agreed Order shall apply to and be binding
upon Respondent and all successors and assigns. Respondent shall provide a copy
of this Agreed Order, if in force, to any subsequent owners, successors, or
assigns before ownership rights are transferred.
13.
No change in ownership, corporate, or
partnership status of Respondent shall in any way alter the Respondent’s status
or responsibilities under this Agreed Order.
14.
Respondent shall ensure that all contractors,
firms, and other persons performing work under this Agreed Order comply with
the terms of this Agreed Order.
15.
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.
16.
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 the obligation
to comply with the requirements of any applicable permits or any applicable
Federal or State laws or regulations.
17.
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.
18.
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 violations specified in this Agreed Order.
19.
Nothing in this Agreed Order shall prevent IDEM
or anyone acting on its behalf from communicating with the U.S. Environmental
Protection Agency (“U.S. 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 U.S. EPA or any
other agency or entity.
20.
This Agreed Order shall remain in effect until
Respondent has complied with all terms and conditions of this Agreed Order and
IDEM has issued a Resolution of Case letter to Respondent.
TECHNICAL
RECOMMENDATION: |
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RESPONDENT: |
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Department
of Environmental Management |
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Texas
Eastern Transmission, LP – Gas City Compressor Station |
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David
P. McIver, Chief |
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Printed: |
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Enforcement
Section |
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Title: |
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Office
of Air Quality |
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COUNSEL
FOR COMPLAINANT: |
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COUNSEL
FOR RESPONDENT: |
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For
the Department of Environmental Management |
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By: |
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Date: |
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APPROVED
AND ADOPTED BY THE INDIANA DEPARTMENT OF ENVIRONMENTAL |
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MANAGEMENT THIS |
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DAY OF |
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For
the Commissioner: |
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Signed
on January 27, 2022 |
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Matthew
Stuckey |
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Assistant
Commissioner |
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Office
of Air Quality Indiana
Department of Environmental Management |
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