Respondent Name: LSC Communications US, LLC

Case Number: 2020-27211-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 LSC Communications, Inc. (“Respondent”), which owns and operates a stationary commercial printing plant that manufactures adhesive bound and saddlewire bound books with Plant ID No. 113-00021, located at 2500 Marion Drive in Kendallville, Noble 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”) via electronic mail to:

LSC Communication Inc., Member	C T Corporation System,
LSC Communications US, LLC	Registered Agent
191 North Wacker Drive, Suite 1400	150 West Market Street, Suite 800
Chicago, IL 60606 daniel.mccarthy@lsccom.com	Indianapolis, IN 46204 CTSOPReceipt@wolterskluwer.com

5. Based on IDEM’s review, the following violation was in existence or identified by a representative of IDEM’s Office of Air Quality (“OAQ”).

a. Pursuant to Condition D.1.7 of Federally Enforceable State Operating Permit (FESOP) No. 40145, Respondent must conduct stack testing of each specified control device at least once every five (5) years from the date of the most recent valid compliance demonstration.

Respondent failed to conduct stack testing for regenerative thermal oxidizers Cleanswitch and Cleanswitch 2, and for integrated recuperative thermal oxidizers TNV 1 and TNV 2 not later than August 6, 2019, in violation of Condition D.1.7 of Federally Enforceable State Operating Permit (FESOP) No. 40145.

6. 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 adopted via signature by Complainant or Complainant’s delegate, and the adopted Agreed Order has been received by Respondent. This Agreed Order shall have no force or effect until the Effective Date. This offer to settle the allegations contained in this Agreed Order does not bind or obligate the parties of this enforcement action if the Agreed Order is not adopted.

2. Respondent is assessed a civil penalty of Zero Dollars ($0.00). This penalty reflects a significant reduction based upon evidence submitted by the Respondent which adequately demonstrated an inability to pay.

3. In the event the terms and conditions of this Agreed Order are violated, Complainant may seek additional relief.

4. 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.

5. 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.

6. 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.

7. 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.

8. 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.

9. Nothing in this Agreed Order shall prevent IDEM or anyone acting on its behalf from communicating with the United States Environmental Protection Agency (“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.

10. The parties were free to consult with their respective counsel regarding entry into this Agreed Order to the extent each deemed necessary.

TECHNICAL RECOMMENDATION:			RESPONDENT:*
Department of Environmental Management			LSC Communications US, LLC
By:			By:
	David P. McIver, Chief		Printed:
	Enforcement Section		Title:
	Office of Air Quality
			Date:
APPROVED AND ADOPTED BY THE INDIANA DEPARTMENT OF ENVIRONMENTAL
MANAGEMENT THIS		DAY OF		, 2020.
			For the Commissioner:
			Signed on September 25, 2020
			Matthew Stuckey, Deputy Assistant Commissioner
			Office of Air Quality Indiana Department of Environmental Management

_____________________

* In the event that Respondent does not accept the settlement offer contained in this Agreed Order, IDEM notes that this document is a qualified offer of settlement, and therefore Rule 408 of Indiana Rules of Evidence applies to this document, rendering it inadmissible.