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. 2022-28707-A
					)
MERITOR HEAVY VEHICLE SYSTEMS,					)
LLC,					)
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 Meritor Heavy Vehicle Systems, LLC (“Respondent”), which owns and operates a stationary transmission and brake rebuilding source with Plant ID No. 063-00046, located at 849 Whitaker Road, in Plainfield, Hendricks 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 Electronic Mail to:

Ken Hogan, President	Corporation Service Company
Meritor Heavy Vehicle Systems, LLC	Registered Agent
2135 W. Maple Road	Meritor Heavy Vehicle Systems, LLC
Troy, MI 48084	135 N. Pennsylvania Ave., Suite 1610
Ken.hogan@meritor.com	Indianapolis, IN 46204
	SOP@cscglobal.com

5. During an investigation including an inspection on May 26, 2022 conducted by a representative of IDEM, the following violations were found:

a. Pursuant to Federally Enforceable State Operating Permit No. 063-42141-00046 (“Permit”) condition B.11(c), a copy of the preventative maintenance plan (“PMP”) shall be submitted to IDEM, OAQ upon request and within a reasonable time, and shall be subject to review and approval by IDEM, OAQ.

Respondent failed to provide a copy of the PMP for the three (3) abrasive blasters and two (2) burn-off ovens in a timely manner, in violation of Permit condition B.11(c).

b. Pursuant to Permit condition C.16(a), records of all required monitoring data, reports and support information required by this permit shall be retained for a period of at least five (5) years from the date of monitoring sample, measurement, report, or application. Support information includes all calibration and maintenance records. If request for records is made to the Respondent, the Respondent shall furnish the records to IDEM, OAQ within a reasonable time.

Respondent failed to provide maintenance records related to the three (3) abrasive blasters and two (2) burn-off ovens in a timely manner, in violation of Permit condition C.16(a).

c. Pursuant to Permit condition D.1.5, in order to comply with Conditions D.1.1, D.1.2, and D.1.3, the dust collectors, identified as DC-11, DBDC-1, and DBDC-2, for particulate control shall be in operation and control emissions from the abrasive blasting operations at all times that the abrasive blasting operations are in operation.

During the May 26, 2022 inspection, Respondent failed to fully control emissions from abrasive blasters DB-1 and DB-2, in violation of Permit condition D.1.5.

d. Pursuant to Permit condition D.1.7(b), for a single compartment dust collector controlling emissions from a batch process, the feed to the process shall be shut down immediately until the failed unit has been repaired or replaced. The emissions unit shall be shut down no later than the completion of the processing of the material being subject to abrasive blasting.

On May 26, 2022, Respondent failed to shut down abrasive blasting unit DB-2 when emissions from the secondary filter systems were observed, in violation of Permit condition D.1.7(b).

e. Pursuant to Permit condition D.2.1(b), work practices shall be used to minimize volatile organic compounds (“VOC”) emissions from mixing operations, storage tanks, and other containers, and handling operations for coatings, thinners, cleaning materials, and waste materials. Work practices shall include, but not be limited to, the following: store all VOC containing coatings, thinners, coating related waste, and cleaning materials in closed containers.

On May 26, 2022, Respondent failed to store all VOC containing coatings and coating related waste in closed containers, in violation of Permit condition D.2.1(b).

f. Pursuant to Permit condition D.4.3(a), all incinerators (burn-off ovens) shall be maintained, operated, and burn waste in accordance with the manufacturer's specifications or an operation and maintenance plan as specified in subsection (c).

Pursuant to Permit condition D.4.4, Respondent shall not operate burn-off ovens, unless the waste gas stream is burned in the direct-flame afterburner or the secondary chamber.

During the May 26, 2022 inspection, Respondent failed to operate burn-off Oven B in a way that emissions were being fully captured in the secondary chamber, in violation of Permit conditions D.4.3(a) and D.4.4.

6. Respondent provided a copy of the revised PMP on October 21, 2022.

7. Orders of the Commissioner are subject to administrative review by the Office of Administrative Law Proceedings 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 Respondents. This Agreed Order shall have no force or effect until the Effective Date.

2. Respondents shall comply with the 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:

Jennifer Bailey, Senior Enforcement Case Manager

Office of Air Quality

Indiana Department of Environmental Management

100 North Senate Avenue

Indianapolis, IN 46204-2251

Jbailey2@idem.in.gov

4. Pursuant to IC 13-30-4-1, Respondent is assessed and agrees to pay a civil penalty of Sixteen Thousand Seven Hundred Dollars ($16,700.00). 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 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 have 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			Meritor Heavy Vehicle Systems, LLC
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		, 2025.
			For the Commissioner:
			Signed on January 22, 2025
			Matthew Stuckey, Assistant Commissioner
			Office of Air Quality Indiana Department of Environmental Management