1. Respondent is General Motors Corporation, ("Respondent"), which operates the Fort Wayne Assembly Plant located at 12200 Lafayette Center Road, Roanoke, in Allen County, Indiana ("Site").

2. Pursuant to 40 CFR 262.34(a)(1)(ii) referencing 265.202, a generator must manage all hazardous waste placed in a tank in accordance with the applicable requirements of 40 CFR 265 Subparts AA, BB, and CC. Respondent did not comply with the requirements of Subpart BB, specifically equipment monitoring, recordkeeping, and equipment marking.

3. Pursuant to 40 CFR 262.34(a)(1)(ii) referencing 40 CFR 265.1085(c), a generator controlling air pollutant emissions from a tank using Level 1 controls shall meet the inspection requirements specified in paragraphs (c)(1) through (c)(4). Respondent did not conduct initial and annual inspections on two (2) 20,000-gallon hazardous waste tanks located outside of the facility.

4. Pursuant to 40 CFR 262.34(a)(1)(ii) referencing 40 CFR 265.1090, a generator must record and maintain initial and annual tank inspection information as applicable to the facility. Respondent failed to record and maintain inspection information for the two (2) 20,000-gallon hazardous waste tanks located outside of the facility.

5. Pursuant to 40 CFR 262.34(a)(1)(ii) referencing 40 CFR 265.193(f), ancillary equipment must be provided with full secondary containment. Respondent did not provide secondary containment for threaded connections and a valve associated with the paint room tank.

6. Pursuant to 40 CFR 262.34(a)(1)(ii) referencing 40 CFR 265.192(a), a generator with a new tank system must ensure that the foundation, structural support, seams, connections, and pressure controls are adequately designed. Respondent did not conduct an integrity assessment on the following ancillary equipment: pipes from the eleven (11)

MODs to the eleven (11) purge pots, the purge pots, pipes from the purge pots to

Tank #19, the paint room tank, and pipes from the paint room tank to Tanks

#19 and #20.

7. On June 6, 2000, a Notice of Violation was issued, pursuant to IC 13-30-3-3 to the Respondent for violation of 329 IAC 3.1 and IC 13-30. Respondent received this Notice of Violation on June 12, 2000.

8. The Notice of Violation contained an offer to enter into an Agreed Order containing actions required to correct the violation.

9. More than sixty (60) days have elapsed since Respondent was offered the opportunity to enter into an Agreed Order.

10. The Respondent has not entered into an Agreed Order resolving this violation.

1. The Respondent shall, within sixty (60) days of the Effective Date of this Order, comply with 40 CFR 265.193(f). Specifically, Respondent shall provide all of the paint room tank=s threaded connections and valves with secondary containment.

2. The Respondent shall, within sixty (60) days of the Effective Date of this Order, comply with all requirements of 40 CFR 265 Subpart BB, including equipment monitoring, recordkeeping, and equipment marking. Specifically, Respondent shall submit to IDEM for review a copy of records created in accordance with 40 CFR 265.1064 for each piece of equipment subject to Subpart BB regulation.

3. The Respondent shall, within sixty (60) days of the Effective Date of this Order, comply with 40 CFR 265.1085(c). Specifically, Respondent shall conduct the initial inspection of all tanks subject to 40 CFR 265 Subpart CC air emission standards. Respondent shall record the inspection results and submit a copy of the inspection results to IDEM for review.

4. The Respondent shall, within sixty (60) days of the Effective Date of this Order, comply with 40 CFR 265.192(a). Specifically, Respondent shall conduct integrity assessments on the pipes from the eleven (11) MODs to the purge pots, the purge pots, pipes from the purge pots to Tanks #19 and #20, paint room tank, and pipes from the paint room tank to Tanks #19 and #20. Respondent shall submit results of integrity assessments to IDEM for review.

5. All submittals required by this Commissioner’s Order, unless notified otherwise in writing, shall be sent to:

6. The Respondent shall pay a civil penalty of Twenty-Six Thousand Five Hundred Dollars ($26,500). This penalty shall be remitted to the Department of Environmental Management within thirty (30) days of the Effective Date of this Order. Checks shall be made payable to the Environmental Management Special Fund, with the Case Number indicated on the checks and mailed to:

Cashier

IDEM

P.O. Box 7060

Indianapolis, Indiana 46207-7060

7. This Order shall apply to and be binding upon the Respondent, its successors and assigns. No change in ownership, corporate, or partnership status of the Respondent shall in any way alter its status or responsibilities under this Order.