STATE OF INDIANA

COUNTY OF MARION

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BEFORE THE INDIANA DEPARTMENT
OF ENVIRONMENTAL MANAGEMENT

 

COMMISSIONER OF THE DEPARTMENT
OF ENVIRONMENTAL MANAGEMENT,

Complainant,

v.

THE PULLMAN COMPANY,

Respondent.

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Case No. 2018-25547-A




 

 

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 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 (“Respondent”), which owns and operates a stationary motor vehicle parts and accessories manufacturing facility with Plant ID No. 151-00015, located at 503 Weatherhead Street, in Angola, Steuben 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 Certified Mail to:

 

Brian J. Kessler, CEO                  CT Corporation System, Registered Agent

The Pullman Company                 The Pullman Company

500 N. Field Drive                        150 West Market, Suite 800

Lake Forest, IL 60045                  Indianapolis, IN 46204

 

5.             During a report review conducted by a representative of IDEM, the following violations were found:

 

a.       Pursuant to 326 IAC 2-8-11.1, any person proposing to add additional emission units, modify existing emission units, or otherwise modify a Federally Enforceable State Operating Permit (FESOP) source as described in this section shall submit a permit revision request in accordance with this section.

Respondent failed to submit a permit revision request prior to the construction of K2XX/T1XX, in violation of 326 IAC 2-8-11.1.

b.       Pursuant to 326 IAC 2-7-2, any major source defined in section 1(22) of this rule is required to obtain a Part 70 Permit.

 

Respondent failed to obtain a Part 70 permit prior to operating the fluid mount assembly and spray coating operation K2XX/T1XX at a major source, in violation of 326 IAC 2-7-2.

 

c.              Pursuant to FESOP No. 151-25140-00015 (“Permit”), Condition D.1.12(c)(1), to document compliance with Condition D.1.11(a), Respondent shall maintain a log of daily inspections to document the placement, integrity, and particle loading of the filters.

 

Prior to and including fourth (4th) quarter 2017, Respondent failed to maintain a log of daily inspections to document the placement, integrity, and particle loading of the filters, in violation of Permit Condition D.1.12(c)(1).

 

d.       Pursuant to Permit Condition D.1.12(c)(2), to document compliance with Condition D.1.11(b), Respondent shall maintain a log of monthly inspections of the coating emissions from the stacks and the presence of overspray on the rooftops and the nearby ground.

 

Prior to and including fourth (4th) quarter 2017, Respondent failed to maintain a log of monthly inspections of the coating emissions from the stacks and the presence of overspray on the rooftops and the nearby ground, in violation of Permit Condition D.1.12(c)(2).

 

e.       Pursuant to Permit Condition D.3.7(a), to document compliance with Condition D.3.4, Respondent shall maintain records of visible emission notations of the three (3) Wheelabrator Grit blast units stack exhaust once per day.

 

Respondent failed to maintain visible emission notation records on twenty-five (25) days in 2017, in violation of Permit Condition D.3.7(a).

 

f.        Pursuant to Permit Condition D.3.7(b), to document compliance with Condition D.3.5, Respondent shall maintain records once per day of the pressure drop.

 

Respondent failed to maintain pressure drop records on twenty-five (25) days during 2017, in violation of Permit Condition D.3.7(b).

 

g.       Pursuant to Permit Condition D.3.5, when for any one reading, the pressure drop across the baghouse is outside the normal range of 0.75 and 4.50 inches of water or a range established during the latest stack test, the Permittee shall take reasonable response steps in accordance with Section C Response to Excursions or Exceedances.

 

Respondent failed to take reasonable response steps when the pressure drop readings were out of normal range for six (6) days during 2017, in violation of Permit Condition D.3.5.

 

h.       Pursuant to Permit Condition D.3.5, the instrument used for determining the pressure shall be calibrated at least once every six (6) months.

 

Respondent failed to calibrate the instrument used for determining pressure at least once every six (6) months, in violation of Permit Condition D.3.5.

 

6.             Respondent was issued Minor Source Operating Permit (MSOP) No. 155-39374-00015 on April 9, 2018 to permit the fluid mount assembly and spray coating operation K2XX/T1XX.

7.             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 rules, and permit conditions listed in the findings above at issue.

 

3.             All submittals required by this Agreed Order, unless Respondent is notified otherwise in writing by IDEM, shall be sent to:

 

Jennifer Bailey, Case Manager

Compliance and Enforcement Branch – Mail Code 61-53

Indiana Department of Environmental Management

100 North Senate Avenue

Indianapolis, IN 46204-2251

 

4.             Respondent is assessed and agree 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”.

 

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:

 

IDEM Office of Legal Counsel

IGCN, Rm  N1307

100 N Senate Ave

Indianapolis, IN  46204

 

6.             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 they represent.  No change in ownership, corporate, or partnership status of Respondent shall in any way alter its status or responsibilities under this Agreed Order.

 

7.             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.

 

8.             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.

 

9.             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.

 

10.          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.

 

11.          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.

 

12.          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.

 

13.          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.

 

14.          This Agreed Order shall remain in until IDEM issues a Resolution of Case letter to Respondent.

 

 

TECHNICAL RECOMMENDATION:

 

RESPONDENT:

Department of Environmental Management

 

The Pullman Company

 

 

 

By:

 

 

By:

 

 

David P. McIver, Chief

 

Printed:

 

 

Enforcement Section

 

Title:

 

 

Office of Air Quality

 

 

 

Date:

 

 

Date:

 

 

 

 

 

 

 

 

 

 

 

COUNSEL FOR RESPONDENT:

 

 

 

 

 

 

 

 

 

By:

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Date:

 

 

 

 

 

 

APPROVED AND ADOPTED BY THE INDIANA DEPARTMENT OF ENVIRONMENTAL

MANAGEMENT THIS

 

DAY OF

 

, 2019.

 

 

For the Commissioner

 

 

 

Signed on February 25, 2019

 

Matthew Stuckey, Deputy Assistant Commissioner

 

Office of Air Quality

 

Indiana Department of Environmental Management