NOTICE OF VIOLATION

Keith Schroeder, Member	CT Corporation, Registered Agent
NPX One LLC	334 North Senate Avenue
2215 York Rd, STE 504	Indianapolis, IN 46204
Oak Brook, IL 60523	wkuslawdept@wolterskluwer.com

Case No. 2021-28251-A

Based on an inspection on November 2 and November 3, 2021, the Indiana Department of Environmental Management (“IDEM”) has reason to believe that NPX One LLC (“Respondent”) has violated environmental Permit Conditions. The violations are based on the following:

1. Respondent owns and operates a stationary plastic extrusion and thermoforming facility with Plant ID No. 097-00093 located at 7950 N Allison Avenue in Indianapolis, Marion County, Indiana (the “Site”).

2. Pursuant to Part 70 Operating Permit No. 097-42288-00093 (“Permit”), Condition D.1.11(c), to document the compliance status with Condition D.1.8, the Permittee shall maintain the daily records of the duct pressure or process fan amperage.

Respondent failed to maintain daily records of the duct pressure or process fan amperage on March 22 and March 23, 2021, in violation of Permit Condition D.1.11(c).

3. Pursuant to Permit Condition D.1.11(d), to document the compliance status with Condition D.1.9, the Permittee shall maintain records of visible emission notations once per day for stack exhaust.

Respondent failed to maintain daily records of visible emission notations on October 19, 2021, in violation of Permit Condition D.1.11(d).

In accordance with IC 13-30-3-3, the Commissioner herein provides notice that a violation may exist and offers an opportunity to enter into an Agreed Order providing for the actions required to correct the violation and for the payment of a civil penalty for the violation. The Commissioner is not required to extend this offer for more than sixty (60) days. An Agreed Order for your consideration is attached. As noted on the attached Agreed Order, it is a qualified offer of settlement of this matter and, therefore, is inadmissible pursuant to Indiana’s Rules of Evidence.

As provided in IC 13-30-3-3, an alleged violator may enter into an Agreed Order without admitting that the violation occurred. IDEM encourages settlement by Agreed Order to quickly correct environmental violations and to avoid litigation.

If the Agreed Order is not entered into within sixty (60) days of receipt of this Notice of Violation, the Commissioner may proceed with additional enforcement action requiring compliance with Permit Condition and seek additional monetary penalties in accordance with IDEM’s Civil Penalty Policy (ID No. Enforcement 99-0002-NPD). Pursuant to IC 13-30-4-1, the Commissioner may assess penalties of up to $25,000 per day for each violation.

Please contact Andrew Staffelbach, Case Manager, of my staff at 317-233-6901 or astaffel@idem.in.gov if you have any questions.

	For the Commissioner:
Date:	Signed November 23, 2021
	David P. McIver, Chief Enforcement Section Office of Air Quality

cc: Andrew Coulter, EHS Manager, andrew.coulter@npxone.com

Marion County Health Department

Andrew Staffelbach, Compliance and Enforcement Branch, Office of Air Quality

Kurt Graham, Compliance and Enforcement Branch, Office of Air Quality