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. 2019-26295-A
					)
DOLCO PACKAGING,					)
					)
Respondent.					)

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 Dolco Packaging (“Respondent”), which owns and operates the stationary polystyrene extrusion plant with Plant ID No. 001-00032, located at 2110 Patterson Street, in Decatur, Adams 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 Electronic Mail to:

Dolco Packaging, a Tekni-Plex, Inc. Company	United States Corporation Company, Registered Agent
Attn: Lance Novotny, Vice President – Manufacturing Engineering	135 North Pennsylvania Street Suite 1610
2110 Patterson Street, PO Box 1005	Indianapolis, IN 46204
Decatur, IN 46733-5005 Lance.Novotny@tekni-plex.com	sop@cscglobal.com

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

a. Pursuant to Part 70 Permit 001-39703-00032 (“Permit”) condition D.1.8(a), Respondent shall calibrate, maintain and operate a continuous monitoring system on the thermal oxidizer for measuring operating temperature. The output of the system shall be recorded as an hourly block average.

Pursuant to Permit condition D.1.13(c), to document compliance with D.1.8, Respondent shall maintain the continuous temperature records for the regenerative thermal oxidizer (“RTO”) and the hourly block average temperature used to demonstrate compliance during the most recent compliance stack test.

From January 2019 through August 2019, Respondent failed to operate a continuous monitoring system with output recorded as an hourly block average, in violation of Permit condition D.1.8(a) and D.1.13(c).

b. Pursuant to Permit condition D.1.8(d), the oxidizer shall operate such that if the hourly block average temperature falls below the one (1) hour block average minimum required temperature (setpoint) as determined by the latest stack test, reasonable response steps shall be taken to return the oxidizer temperature to at least the required minimum temperature setpoint.

On multiple occasions in 2019 prior to the June 3, 2019 inspection, Respondent failed to take reasonable response steps to return oxidizer temperature to at least the required minimum temperature when the temperature had fallen below the setpoint, in violation of Permit condition D.1.8(d).

c. Pursuant to Permit condition D.1.13(d), to document compliance with condition D.1.9, Respondent shall maintain daily records of the RTO fan Hertz.

Pursuant to Permit condition D.1.13(e), to document compliance with condition D.1.10, Respondent shall maintain records of once per day visible emission notations of the regenerative thermal oxidizer (RTO) stack exhaust when exhausting to atmosphere.

Pursuant to Permit condition D.1.13(f),to document compliance with condition D.1.11, Respondent shall maintain records of three (3) times per day of the pressure drop across the RTO pre-filter.

Respondent failed to maintain the daily records from 2017 through 2019, in violation of Permit condition D.1.13(d), D.1.13(e), and D.1.13(f).

d. Pursuant to Permit condition D.1.1(c), Respondent shall operate the thermal oxidizer at all times that any of the listed processes are in operation.

On June 28, 2018, Respondent continued to have curing room (roll stock areas) emitting VOC without the thermal oxidizer in operation, in violation of Permit condition D.1.1(c).

6. Respondent was able to locate missing RTO data and daily parametric data. Respondent has generated a process for data review and storage to prevent issue from reoccurrence.

7. In August 2019, Respondent enabled visible output of the 1-hour block averaging data, from the RTO data system.

8. 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 listed in the findings of fact above.

3. 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

4. Pursuant to IC 13-30-4-1, Respondent is assessed and agrees to pay a civil penalty of Thirteen Thousand Four Hundred Ten Dollars ($13,410.00). Within thirty (30) days of the Effective Date of the Agreed Order, Respondent shall pay a portion of this penalty in the amount of Three Thousand Three Hundred Fifty-Two Dollars and Fifty Cents ($3,352.50) Said penalty amount shall be due and payable to the Environmental Management Special Fund within thirty (30) days of the Effective Date; the 30^th day being the “Due Date.”

In lieu of payment to IDEM of the remaining civil penalty, Respondent shall pay Ten Thousand Fifty-Seven Dollars and Fifty Cents ($10,057.50) to the Indiana Forest Alliance, Inc. as a Supplemental Environmental Project (“SEP”) to protect and restore Indiana’s Forests. Respondent shall make such payment to the Indiana Forest Alliance, Inc. within thirty (30) days of the Effective Date of this Agreed Order. Payment of the specified amount to the Indiana Forest Alliance, Inc. satisfies Respondent’s obligation to undertake a SEP to offset a portion of the civil penalty assessed in this matter.

The SEP proceeds will be spent on initiatives, education and community outreach with the goal of improving Indiana’s Forests.

In the event that Respondent does not make its SEP payment within thirty (30) days of the Effective Date of this Agreed Order, the full amount of the civil penalty as stated in this paragraph, plus interest established by IC 24-4.6-1-101 on the remaining amount, less the portion of the civil penalty Respondent has already paid, will be due to IDEM within fifteen (15) days from Respondent’s receipt of IDEM’s notice to pay. Interest, at the rate established by IC 24-4.6-1-101, shall be calculated on the amount due from the date which is thirty (30) days after the Effective Date of this Agreed Order until the full civil penalty is paid.

Payment for the SEP is payable by check to the “Indiana Forest Alliance, Inc.” The text “SEP – Indiana Forest Alliance, Inc.” and the Case Number of this action shall be included in the memo line of the check.

5. Respondent shall provide Complainant with documentation of payment to the Indiana Forest Alliance, Inc. within one (1) week of such payment.

6. 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:

Indiana Department of Environmental Management

Accounts Receivable

IGCN, Room 1340

100 North Senate Avenue

Indianapolis, IN 46204

7. 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 6, above.

8. Signatories to this Agreed Order certify that they are fully authorized to execute this Agreed Order and legally bind the party they represent.

9. 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.

10. 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.

11. Respondent shall ensure that all contractors, firms, and other persons performing work under this Agreed Order comply with the terms of this Agreed Order.

12. 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.

13. 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.

14. 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.

15. 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 the NOV.

16. 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.

17. 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:			RESPONDENT:
Department of Environmental Management			Dolco Packaging
By:			By:
	David P. McIver, Chief		Printed:
	Enforcement Section		Title:
	Office of Air Quality
Date:			Date:
COUNSEL FOR COMPLAINANT:			COUNSEL FOR RESPONDENT:
For the Department of Environmental Management
By:			By:
Date:			Date:
APPROVED AND ADOPTED BY THE INDIANA DEPARTMENT OF ENVIRONMENTAL
MANAGEMENT THIS		DAY OF		, 2021.
			For the Commissioner:
			Signed on June 22, 2021
			Matthew Stuckey
			Assistant Commissioner
			Office of Air Quality Indiana Department of Environmental Management