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STATE OF
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BEFORE THE
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COUNTY OF
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ENVIRONMENTAL
MANAGEMENT |
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COMMISSIONER
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OF
ENVIRONMENTAL MANAGEMENT, |
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Complainant, |
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PATRICK
INDUSTRIES, 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 Patrick Industries, Inc. dba Gravure Ink (“Respondent”), which owns and
operates a stationary rotogravure printing operation with Plant ID No.
091-00181, located at 301 Enterprise Drive, in LaPorte, LaPorte 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 and Certified
Mail to:
Andy L.
Nemeth, Chairman CT
Corporation System,
Patrick
Industries, Inc. Registered
Agent
107 W.
Franklin Street 334
Nort Senate Avenue
Elkhart, IN
46516 Indianapolis,
IN 46204
nemetha@patrickind.com
5.
During
an investigation including a stack test report review conducted by a
representative of IDEM, the following violations were found:
a.
Pursuant
to Part 70 Operating Permit No. 091-45433-00181 (“Permit”) condition D.1.1(b),
in order to render the requirements of 326 IAC 2-2 (Prevention of Significant
Deterioration (PSD)) not applicable, the Respondent shall comply with the
overall volatile organic compound (“VOC”) control efficiency for the RTO1,
including capture efficiency and destruction efficiency, shall be 98% or
greater.
Pursuant to
Permit condition D.1.2 and 326 IAC 8-1-6 (New Facilities; General Reduction
Requirements), the overall VOC control efficiency for the regenerative thermal
oxidizer, including capture efficiency and destruction efficiency, shall be 98%
or greater for VOC as demonstrated by achieving a VOC outlet concentration of
10 ppmv or less as hexane, minus methane and ethane.
During stack
testing conducted on June 27, 2024 for RTO1,
Respondent demonstrated a control efficiency of 97.3%, in violation of Permit
conditions D.1.1(b), D.1.2, and 326 IAC 8-1-6.
6.
Respondent
replaced RTO1 with RTO2 which was permitted on October 21, 2024, installed on
November 6, 2024, and tested on April 22, 2025.
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 Respondent. This Agreed Order shall have no force or
effect until the Effective Date.
2.
Respondent shall comply with Federally
Enforceable State Operating Permit No. 091-47982-00181 unless superseded by a
permit modification or renewal.
3.
All submittals required by this Agreed Order,
unless IDEM notifies the Respondent otherwise in writing, shall be sent to:
Jennifer
Bailey, Technical Environmental Specialist
Office of Air Quality
Indiana
Department of Environmental Management
Indiana
Government Center North
100 North
Senate Avenue, Room 13W
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 Five Thousand Dollars ($5,000.00). 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
Indiana
Government Center North
100 North
Senate Avenue, Room 13E
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.
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TECHNICAL
RECOMMENDATION: |
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RESPONDENT: |
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Department
of Environmental Management |
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Patrick Industries, 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
Section |
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Title: |
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Office
of Air Quality |
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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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2025. |
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For
the Commissioner: |
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Signed
on September 16, 2025 |
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Matthew Stuckey, Assistant
Commissioner |
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Office
of Air Quality Indiana
Department of Environmental Management |
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