STATE OF INDIANA		)	SS:	BEFORE THE INDIANA DEPARTMENT OF
		)
COUNTY OF MARION		)		ENVIRONMENTAL MANAGEMENT
COMMISSIONER OF THE DEPARTMENT					)
OF ENVIRONMENTAL MANAGEMENT,					)
					)
Complainant,					)
					)
	v.				) )	Case Nos. 2021-27790-A & 2021-27829-A
					)
LIPPERT COMPONENTS, INC.,					) )
					)
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 Lippert Components, Inc. (“Respondent”), which owns and operates the stationary trailer frame fabrication and surface coating plant, known as “Plant 72” with Plant ID No. 039-00498, located at 2501 Jeanwood Drive, in Elkhart, Elkhart 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:

Lippert Components, Inc. Attn: Erick Click, Vice President - EHS 3501 County Road 6 East Elkhart, IN 46514 eclick@lci1.com

Corporation Service Company, Registered Agent 135 North Pennsylvania Street Suite 1610 Indianapolis, IN 46204 sop@cscglobal.com

5. During an investigation including an inspection on April 26, 2021 conducted by a representative of IDEM, the following violations were found:

a. Pursuant to 326 IAC 2-7-4, the owner or operator of each Part 70 source has a duty to submit a timely and complete permit application. This includes other specific information may be necessary to implement and enforce other applicable requirements of the CAA or this rule and determine the applicability of the requirements.

Respondent failed to submit a complete Part 70 renewal to incorporate 326 IAC 8-2-6 (Metal Furniture Coating Operations) and 40 CFR 60 Subpart EE (Surface Coating of Metal Furniture NSPS) for the CARC1 and CARC2 Spray Booths and the Epoxy and Acrylic electro coating operation dip tanks into Respondent’s Part 70 renewal, in violation of 326 IAC 2-7-4.

b. Pursuant to Part 70 Permit 039-41047-00498 (“Permit”) condition D.1.11(a), daily inspections shall be performed to verify the placement, integrity and particle loading of the dry filters used to control emissions from powder coating booth PC-1.

Pursuant to Permit condition D.1.12(b), to document compliance with D.1.11, the Permittee shall maintain a log of daily inspections.

Beginning January 23, 2018, Respondent failed to perform the daily inspections of the dry filters used to control emissions from the powder coating booth PC-1 and/or log results of those inspections, in violation of Permit conditions D.1.11(a) and D.1.12(b).

c. Pursuant to 40 CFR 60.315(a)(1) and (a)(2), each owner or operator subject to the provisions of this subpart shall include the following data in the report of the initial performance test: (1) volume-weighted average mass of VOC’s emitted to the atmosphere per volume of applied coating solids for a period of one calendar month from each affected facility and (2) if compliance is determined under the provisions of §60.313(c)(1)(iv), a list of the coatings used during a period of one calendar month with the VOC content of each coating calculated using Method 24 or supplied by the manufacturer of the coating.

Respondent failed to submit a report of the initial performance test which included (1) volume-weighted average mass of VOC’s emitted to the atmosphere per volume of applied coating solids for a period of one calendar month from each affected facility and (2) if compliance is determined under the provisions of §60.313(c)(1)(iv), a list of the coatings used during a period of one calendar month with the VOC content of each coating calculated using Method 24 or supplied by the manufacturer of the coating, in violation of 40 CFR 60.315(a)(1) and (a)(2).

d. Pursuant to 40 CFR 60.315(b), following the initial performance test, the owner or operator shall identify, record, and submit a written report every calendar quarter of each instance in which the volume--weighted average of the total mass of VOC's emitted to the atmosphere per volume of applied coating solids (N) is greater than the limit specified under §60.312. If no such instances have occurred during a particular quarter, a report stating this shall be submitted to the Administrator semiannually.

Respondent failed to submit status reports, monthly or semiannually as appropriate, in violation of 40 CFR 60.315(b).

e. Pursuant to 40 CFR 60.315(d), each owner or operator subject to provisions of this subpart shall maintain at the source, for a period of at least 2 years, records of all data and calculations used to determine VOC emissions from each affected facility.

Respondent failed to maintain data and/or calculations used to determine VOC emissions from each affected facility, in violation of 40 CFR 60.315(d).

6. On July 15, 2020, Respondent was issued Part 70 Permit 039-41047-00498 incorporating 326 IAC 8-2-6 and 40 CFR 60 Subpart EE.

7. On May 28, 2021, Respondent submitted information confirming that coatings were compliant with 40 CFR 60.313(c)(1)(g)(i), meeting the subpart limit of 0.9 kilograms of VOC/liter.

8. On May 28, 2021, Respondent submitted missing required semiannual reports.

9. On May 28, 2021, Respondent reported that following discovery it began inspection and logging of the cartridge filters of PC-1.

10. 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 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 Ten Thousand Six Hundred Dollars ($10,600.00). 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 violations 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:			RESPONDENT:
Department of Environmental Management			Lippert Components, Inc.
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		, 2022.
			For the Commissioner:
			Signed on January 18, 2022
			Matthew Stuckey
			Assistant Commissioner
			Office of Air Quality Indiana Department of Environmental Management