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
ENVIRONMENTAL MANAGEMENT, |
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Complainant, |
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Case No. 2019-26518-A |
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GREENVILLE
TECHNOLOGY, INC., |
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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 Greenville Technology, Inc. (“Respondent”), which owns and operates a
stationary plastic automobile parts manufacturing plant with Plant ID No.
095-00136, located at 3511 West 73rd Street, in Anderson, Madison 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”) in conjunction with this Agreed Order via Certified Mail
to:
Akio Morimoto,
President Craig
Wiley, Registered Agent
Greenville
Technology, Inc. 211 N.
Pennsylvania St, Suite 1700
5755 State
Road 571 East Indianapolis,
IN 46204
Greenville, OH
45331
5.
During
an investigation including a report review conducted by a representative of
IDEM, the following violations were found:
a.
Pursuant
to Federally Enforceable State Operating Permit (FESOP) No. 095-38417-00136
(“Permit”), condition D.1.8(c), on and after the date the stack test results
are available, Respondent shall operate the regenerative thermal oxidizers
(CE01 and CE03) at or above the 3-hour average temperature as observed during
the compliant stack test.
Respondent failed
to operate regenerative thermal oxidizer CE01 at or above the 3-hour average
temperature of 1580º observed during the November 8, 2018
stack test a total of 446 times from January 2, 2019 to July 25, 2019, in
violation of Permit condition D.1.8(c).
b.
Pursuant
to Permit condition D.1.1(a), the VOC emissions from the regenerative thermal
oxidizer (CE01), which is used to control the emissions from the paint booth,
flash off tunnel, and natural gas-fired cure oven of the plastic parts surface
coating line (EU01) shall not exceed 2.93 pounds per hour.
Pursuant to Permit condition D.1.3(a), and pursuant to 326
IAC 8-1-6, the Permittee shall control the VOC emissions from the paint booth,
flash off tunnel, and natural gas-fired cure oven of the plastic parts surface
coating line (EU01) using Best Available Control Technology (BACT).
Pursuant to Permit condition D.1.7(a), in
order to comply with Conditions D.1.1(a) and D.1.3(a), the regenerative
thermal oxidizer (CE01) for VOC control shall be in operation at all times when
the paint booth, flash off tunnel, and natural gas-fired cure oven of the
plastic parts surface coating line (EU01) is in operation.
Respondent failed to operate the regenerative thermal oxidizer
(CE01) from July 16, 2018 to July 22, 2018, in
violation of Permit conditions D.1.1(a), D.1.3(a), D.1.7(a), and 326 IAC 8-1-6.
c.
Pursuant
to Permit condition C.16, Respondent shall submit a Quarterly Deviation and
Compliance Monitoring Report or its equivalent. This report shall be submitted
not later than thirty (30) days after the end of the reporting period.
Respondent failed to submit their first (1st) quarter
2018 Quarterly Deviation and Compliance Monitoring Report by no later than
April 30, 2018, in violation of Permit condition C.16.
d.
Pursuant
to Permit condition C.16, Respondent shall submit a Quarterly Deviation and
Compliance Monitoring Report or its equivalent. Any deviation from permit
requirements, the date(s) of each deviation, the cause of the deviation, and
the response steps taken must be reported.
Respondent failed to report all deviations relating to the
failure of the regenerative thermal oxidizer (CE01) on their third (3rd)
quarter 2018 Quarterly Deviation and Compliance Monitoring Report, in violation
of Permit condition C.16.
e.
Pursuant
to Permit condition D.1.10(a), daily inspections shall be performed to verify
that the water level of the water pans of the water wash curtains (CE02 and
CE04) meet the manufacturer's recommended level.
Pursuant to Permit condition D.1.11(c), Respondent shall
maintain a log of the daily inspections of the water level in the pans.
Respondent failed to record the results of their daily
inspections to verify that the water level of the water pans of the water wash
curtain for CE04 meet the manufacturer's recommended level on six (6) days
during April, 2019, in violation of Permit conditions
D.1.10(a) and D.1.11(c).
f.
Pursuant
to Permit condition D.1.10(b), weekly observations shall be made of the
overspray from the plastic parts surface coating lines stacks (EP01 and EP02)
while the plastic parts surface coating lines are in operation.
Pursuant to Permit condition D.1.11(d), Respondent shall maintain a log of weekly
overspray observations and monthly inspections.
Respondent failed to record the results of the weekly
observations of the overspray from the plastic parts surface coating line stack
EP02 a total of fourteen (14) weeks from April 16, 2018
to July 15, 2019, in violation of Permit conditions D.1.10(b) and D.1.11(d).
g.
Pursuant
to Permit condition D.1.10(c),
monthly inspections shall be performed of the coating emissions from the stacks
(EP01 and EP02) and the presence of overspray on the rooftops and the nearby
ground.
Pursuant to Permit condition D.1.11(d), Respondent shall
maintain a log of weekly overspray observations and monthly inspections.
Respondent failed to record the results of the monthly
inspections for the presence of overspray on the rooftops and nearby ground
from stack EP02 a total of four (4) months from March 2018 to March 2019, in
violation of Permit conditions D.1.10(c) and D.1.11(d).
h.
Pursuant
to Permit condition D.1.8(c), on and after the date the stack test results are
available, Respondent shall operate the regenerative thermal oxidizers (CE01
and CE03) at or above the 3-hour average temperature as observed during the
compliant stack test.
Respondent failed to operate regenerative thermal oxidizer
CE01 at or above the 3-hour average temperature of 1572º observed during the
December 3, 2013 stack test a total of twenty-four
(24) times from January 3, 2018 to December 11, 2018, in violation of Permit
condition D.1.8(c).
i.
Pursuant
to Permit condition D.1.8(c), on and after the date the stack test results are
available, Respondent shall operate the regenerative thermal oxidizers (CE01
and CE03) at or above the 3-hour average temperature as observed during the
compliant stack test.
Respondent failed to operate regenerative thermal oxidizer
CE03 at or above the 3-hour average temperature of 1544º observed during the
October 31, 2017 stack test a total of thirteen (13)
times from May 7, 2018 to August 27, 2018, in violation of Permit condition
D.1.8(c).
6.
Respondent
made repairs to regenerative thermal oxidizer (CE01) on July 22, 2018 and returned to normal production.
7. Respondent adjusted the minimum temperature setpoint of regenerative thermal oxidizer (CE01) to 1580º and installed an interlock during the week of July 22, 2019.
8.
Respondent
submitted a revised third (3rd) quarter 2018 Quarterly Deviation and
Monitoring Report on June 28, 2019 to report the
failure of the regenerative thermal oxidizer (CE01).
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 rules and
permit conditions at issue 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:
Jennifer
Bailey, Enforcement Case Manager
Office of Air Quality
Indiana
Department of Environmental Management
100 North
Senate Avenue
Indianapolis,
IN 46204-2251
4.
Pursuant to IC 13-30-4-1, Respondent is
assessed and agrees to pay a civil penalty of Twenty-Five Thousand Eight
Hundred Dollars ($25,800). 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.”
5.
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
6.
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.
7.
Signatories to this Agreed Order certify that
they are fully authorized to execute this Agreed Order and legally bind the
party they represent.
8.
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.
9.
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.
10.
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.
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.
12.
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.
13.
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.
14.
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 violation specified in the NOV.
15.
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.
16.
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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Greenville Technology, Inc. |
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By: |
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By: |
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David
P. McIver, Chief |
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Printed: |
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Enforcement
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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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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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2022. |
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For
the Commissioner: |
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Signed
on February 11, 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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