STATE
OF INDIANA |
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BEFORE THE INDIANA DEPARTMENT |
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COMMISSIONER OF THE DEPARTMENT Complainant, v. THE PULLMAN COMPANY d/b/a TENNECO
AUTOMOTIVE, Respondent. |
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AGREED ORDER
Complainant
and Respondents 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 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 Indiana
Code IC 13-13-1-1.
2.
Respondent
is The Pullman Company d/b/a Tenneco Automotive which owns/operates the stationary
rubber and miscellaneous plastics products manufacturing plant with Plant ID
No. 151-00015, located at 503 Weatherhead Street,
Angola, Steuben County, Indiana.
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”) via Certified Mail
to Tenneco Automotive on February 25, 2014.
5.
During
an investigation conducted by a representative of IDEM and a stack test review,
the following violations were found:
a.
Pursuant
to condition D.1.1(c) of FESOP F151-25140-00015 issued to Respondent on September
9, 2008, the overall control efficiency of the catalytic oxidizer used to
control Volatile Organic Compounds (VOCs) and Hazardous Air Pollutants (HAPs)
from the automatic turbo spray adhesives coating system (EU-001) shall be no less
than 85%.
On
March 11, 2011 Respondent conducted a stack test of the catalytic oxidizer which
demonstrated a 78% overall control efficiency, in violation of condition
D.1.1(c) of FESOP 151-25140-00015.
On
December 18, 2013 Respondent conducted a retest of the catalytic oxidizer which
demonstrated a 72.0 % overall control efficiency, in violation of condition
D.1.1(c) of FESOP 151-25140-00015.
b.
Pursuant
to condition C.16(b) of FESOP F151-25140-00015, a
retest to demonstrate compliance after a failed stack test shall be performed
within one hundred twenty (120) days of receipt of the original failed test
results.
Respondent
failed to complete a retest within one hundred twenty (120) days of the original
failed test results, in violation of condition C.16(b)
of FESOP 151-25140-00015.
6.
Respondent
conducted a performance test to verify the overall control efficiency for the
catalytic oxidizer serving EU-001 on May 9, 2014. The test results demonstrated that
destruction efficiency exceeded the 85% requirement.
7.
Respondent’s
input records indicated that actual VOC and HAP emissions did not exceed the
total VOC and HAPs limits in conditions D.1.1(a) and
D.1.1(b) of FESOP 151-25140-00015 throughout the period in question.
8.
In
recognition of the settlement reached, Respondent 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.
F151-25140-00015, conditions D.1.1(c) and C.16(b).
3.
Respondent
is assessed and agrees to pay a civil penalty of Ten Thousand Two Hundred
Dollars ($10,200). Said penalty amount shall be due and payable to the
Environmental Management Special Fund within thirty (30) days of the Effective
Date; the 30th day being the “Due Date”.
4.
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 |
Cashier
– Mail Code 50-10C |
100
North Senate Avenue |
Indianapolis,
IN 46204-2251 |
5.
This
Agreed Order shall apply to and be binding upon Respondent and its successors
and assigns. Respondent’s signatories to
this Agreed Order certify that they are fully authorized to execute this Agreed
Order and legally bind the party it represents.
No change in ownership, corporate, or partnership status of Respondent shall
in any way alter their status or responsibilities under this Agreed Order.
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 4, above.
7.
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.
8.
Respondent
shall provide a copy of this Agreed Order, if in force, to any subsequent
owners or successors before ownership rights are transferred. Respondent
shall ensure that all contractors, firms and other persons performing work
under this Agreed Order comply with the terms of this Agreed Order.
9.
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 its obligation to comply with the requirements of its
applicable permit or any applicable Federal or State law or regulation.
10.
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.
11.
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 same violations specified in the NOV.
12.
Nothing
in this Agreed Order shall prevent IDEM or anyone acting on its behalf from
communicating with the 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 EPA or any other agency or entity.
13.
This
Agreed Order shall remain in effect until IDEM issues a Resolution of Case
letter to Respondent.
TECHNICAL
RECOMMENDATION: |
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RESPONDENT: |
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Department
of Environmental Management |
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The Pullman Company d/b/a Tenneco Automotive |
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By: |
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Lynne
J. Sullivan, Chief |
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Printed: |
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Compliance
and Enforcement Section 2 |
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Office
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COUNSEL
FOR RESPONDENT: |
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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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2014. |
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For
the Commissioner |
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Signed
on July 9, 2014 |
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Keith
Baugues, Assistant Commissioner |
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Office
of Air Quality |
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Indiana
Department of Environmental Management |
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