NOTICE OF VIOLATION
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Via Certified Mail #: |
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To: |
Rick
Smith, Vice President |
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CT
Corporation System, Registered Agent |
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AM
General LLC |
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Case No. 2004-14146-A
Based on an investigation, the Indiana Department of Environmental
Management (“IDEM”) has reason to believe that AM General LLC (“Respondent”)
has violated environmental rules. The
violations are based on the following:
1.
Respondent owns
and operates a stationary plant for the production of HUMMERs for military and
commercial use with I.D. No. 141-00031 located at
2.
Pursuant to IC
13-30-2-1(7), a person may not construct, install, operate, conduct, or modify,
without prior approval of the department, any equipment or facility of any type
that may cause or contribute to pollution or be designed to prevent pollution.
3.
Pursuant to 326
IAC 2-2-8 (in effect at the time Respondent applied for and constructed the
modification), any owner or operator who constructs or operates a source or
modification not in accordance with the application submitted pursuant to this
rule or with the terms of any approval to construct shall be subject to
appropriate enforcement action.
4.
Pursuant to 326
IAC 2-2-10, the owner or operator of a proposed major stationary PSD source or
PSD modification shall submit all information necessary to perform any analysis
or make any determination required under this rule.
Respondent constructed and operated the painting system for the HUMMER II
vehicle production plant in a manner not in accordance with the application
submitted or the permit issued.
Specifically, the application indicated the construction of separate
lines for application of the primer and the topcoat, on which the BACT analysis
was based. This resulted in separate VOC
limits for each line in permit 141-15219-00031 issued May 8, 2002. However, the Respondent constructed the
painting system in a manner that combined the flash tunnels which resulted in
an inability to demonstrate compliance with the individual VOC limits, in
violation of IC 13-30-2-1(7) and 326 IAC 2-2-8.
Respondent failed to submit information related to changes in construction
configuration of the H2 painting system that affected IDEM’s ability to
calculate the appropriate BACT limit for the painting system, in violation of
326 IAC 2-2-10.
5.
Pursuant to 326
IAC 2-7-3, no Part 70 source may operate after the time that it is required to
submit a timely and complete application except in compliance with a Part 70
permit issued under this rule.
Respondent operated the H2 painting system in a manner inconsistent with the
Part 70 permit issued, in violation of 326 IAC 2-7-3.
5.
Pursuant to
PSD/Part 70 Significant Source Modification 141-11673-00031 issued to
Respondent on June 28, 2000, condition D.5.5 required the Respondent to submit
an affidavit of construction to IDEM verifying that the emission units were
constructed as proposed in the application.
The emissions units covered in the Significant Source Modification
approval may begin operating on the date the affidavit of construction is
postmarked or hand delivered to IDEM if constructed as proposed.
Respondent failed to submit an affidavit of construction, in violation of
permit 141-11673-00031 condition D.5.5.
Respondent constructed and operated the H2 painting system without
approval from IDEM.
In accordance with IC
13-30-3-3, the Commissioner herein provides notice that violations may exist
and offers an opportunity to enter into an Agreed Order providing for the
action required to correct the violations and, as necessary and appropriate,
for the payment of a civil penalty. The
Commissioner is not required to extend this offer for more than sixty (60)
days.
As provided in IC 13-30-3-3, an
alleged violator may enter into an Agreed Order without admitting that the
violations occurred. IDEM encourages
settlement by Agreed Order, thereby resulting in quicker correction of the
environmental violations and avoidance of extensive litigation. Timely settlement by Agreed Order may result
in a reduced civil penalty. Also,
settlement discussions will allow the opportunity to present any mitigating
factors that may be relevant to the violations.
If an Agreed Order is not
entered into within sixty (60) days of receipt of this Notice of Violation, the
Commissioner may issue a Notice and Order under IC 13-30-3-4 containing the
actions that must be taken to correct the violations and requiring the payment
of an appropriate civil penalty.
Pursuant to IC 13-30-4-1, the Commissioner may assess penalties of up to
$25,000 per day for each violation.
Please contact Lynne Sullivan
at (317) 233-5521 within fifteen (15) days after receipt of this Notice to
discuss resolution of this matter.
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For the Commissioner: |
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Date: |
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Signed April 4, 2007 |
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Lori Kyle Endris |
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cc: Larry McHugh, Barnes & Thornburg,
South Bend
Rochelle
Tim Junk, Deputy Attorney General
Lynne Sullivan, Office of Enforcement
Rick Reynolds, Northern Regional Office
David Lawrence, Northern Regional Office
Steve Friend, Office of Air Quality
OAQ Public File
Enforcement File
http://www.in.gov/idem/enforcement/