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. 2022-28534-A &
					)	2023-29634-A
BIMBO BAKERIES USA, 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 Bimbo Bakeries USA, Inc. (“Respondent”), which owns and operates the stationary commercial bakery with Plant ID No. 039-00643, located at 2705 Frederic 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 Certified and Electronic Mail to:

Tony Gavin, President	Registered Agent
Bimbo Bakeries USA, Inc.	135 North Pennsylvania Street
255 Business Center Dr.	Suite 1610
Horsham, PA 19044	Indianapolis, IN 46204
	sop@cscglobal.com

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

Based on the Enforcement Action Letter issued to Respondent on March 16, 2022, case number 2022-28534-A contains the following violations:

a. Pursuant to Federally Enforceable State Operating Permit 039-43054-00643 (“Permit 43054”) condition D.1.1 Volatile Organic Compound (“VOC”) emissions from baking oven 001 and baking oven 027 shall be controlled by a single catalytic oxidizer (047) with a minimum overall VOC control efficiency of ninety-five percent (95%).

On December 7, 2021, the catalytic oxidizer (047) inlet temperature dropped below 600 F for a total of sixty-six (66) minutes, resulting in a minimum overall VOC control efficiency of less than ninety-five percent (95%), in violation of Permit 43054 condition D.1.1.

b. Pursuant to Permit 43054 condition D.1.4, catalytic oxidizer (047) shall be in operation and control emissions from the baking ovens at all times the baking ovens are in operation.

On December 7, 2021, catalytic oxidizer (047) failed to control emissions from baking oven 027 for a total of sixty-six (66) minutes while baking oven 027 was in operation, in violation of Permit 43054 condition D.1.4.

Based on the Enforcement Action Letter issued to Respondent on August 28, 2023, case number 2023-29634-A contains the following violations:

c. Pursuant to Federally Enforceable State Operating Permit 039-44258-00643 (“Permit 44258”) condition B.9, Respondent shall annually submit a compliance certification report which addresses the status of the source's compliance with the terms and conditions contained in this permit, including emission limitations, standards, or work practices. All certifications shall cover the time period from January 1 to December 31 of the previous year, and shall be submitted no later than April 15 of each year.

Respondent failed to submit the annual compliance certification for calendar year 2022 by April 15, 2023, in violation of Permit 44258 condition B.9.

d. Pursuant to Permit 44258 condition C.16, Respondent shall submit the Quarterly Deviation and Compliance Monitoring Report or its equivalent not later than thirty (30) days after the end of the reporting period.

Respondent failed to timely submit the Quarterly Deviation and Compliance Monitoring Reports for the first and third quarters of 2022, in violation of Permit 44258 condition C.16.

e. Pursuant to Permit 44258 condition D.2.2, the combined VOC emissions from baking oven (028) and the bun line baking oven (048), jointly controlled by catalytic oxidizer 029 and exhausting through vent S17, shall not exceed 6.62 lbs/hr.

Pursuant to Permit 44258 condition D.2.4, the catalytic oxidizers for VOC control shall be in operation and control emissions from the muffin lines (001 and 027), bread line (028), and bun line (048) baking ovens at all times the muffin lines (001 and 027), bread line (028), and bun line (048) are in operation.

On four (4) occasions in March, April, and May 2022, catalytic oxidizer 029 failed to control emissions from the bread line (028) and bun line (048) baking ovens at all times the bread line (028) and bun line (048) were in operation, in violation of Permit 44258 conditions D.2.2 and D.2.4.

f. Pursuant to Permit 44258 condition D.2.2, the combined VOC emissions from baking oven 001 and baking oven 027, exhausting through the common stack S30, shall not exceed 1.52 lbs/hr.

On three (3) occasions in March, May, and October 2022, catalytic oxidizer 047 failed to control emissions from the muffin lines (001 and 027) at all times the muffin lines (001 and 027) were in operation, in violation of Permit 44258 conditions D.2.2 and D.2.4.

g. Pursuant to Permit 44258 condition B.22, Respondent shall pay annual permit fees to IDEM, OAQ no later than thirty (30) calendar days of receipt of a billing.

Respondent failed to pay annual permit fees for 2022 to IDEM, OAQ no later than thirty (30) calendar days of receipt of a billing, in violation of Permit 44258 condition B.22.

h. Pursuant to Permit 44258 condition C.8, all test reports must be received by IDEM, OAQ not later than forty-five (45) days after the completion of the testing.

Respondent failed to timely submit all test reports to IDEM, OAQ within forty-five (45) days after the completion of the testing on September 14, 2022, in violation of Permit 44258, condition C.8.

i. Pursuant to Permit 44258 condition D.2.5, Respondent shall perform VOC testing of the catalytic oxidizers 029 and 047 utilizing methods as approved by the Commissioner at least once every five (5) years from the date of the most recent valid compliance demonstration.

Respondent failed to perform VOC testing of catalytic oxidizers 029 and 047 within five (5) years from the date of the most recent valid compliance demonstration, in violation of Permit condition D.2.5.

6. 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:

Andrew Taylor, Enforcement Case Manager

Office of Air Quality

Indiana Department of Environmental Management

100 North Senate Avenue

Indianapolis, IN 46204-2251

AKTaylor@idem.IN.gov

4. Pursuant to IC 13-30-4-1, Respondent is assessed and agrees to pay a civil penalty of Thirty-Seven Thousand Two Hundred Dollars ($37,200.00). 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			Bimbo Bakeries USA, Inc.

By:			By:
	David P. McIver, Chief		Printed:
	Enforcement Section		Title:
	Office of Air Quality
			Date:


APPROVED AND ADOPTED BY THE INDIANA DEPARTMENT OF ENVIRONMENTAL
MANAGEMENT THIS		DAY OF		, 2024.

			For the Commissioner:

			Signed on May 13, 2024
			Matthew Stuckey, Assistant Commissioner
			Office of Air Quality Indiana Department of Environmental Management