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State of Indiana,
County of Huntington,
Before the Indiana Department of Environmental Management,
In the Matter of:
Order of the Commissioner,
Pursuant to 326 IAC 8-3-5 (a)(5)(C)
for Transwheel Corporation
This Notice and Order of the Commissioner of the Department of Environmental Management ("Order") is issued pursuant to IC 13-14-1-9 and IC 13-14-2-1, and is based on 326 IAC 8-1-5 and 326 IAC 8-3-5 (a) (5) (C). During the commissioner's review it was determined that the Petitioner met all requirements of 326 IAC 8-1-5 and 326 IAC 8-3-5 (a) (5) (C) below:
On September 22, 1998, Transwheel Corporation (Petitioner), located at 3000 Yeoman Way in Huntington, Indiana 46750, the owner/operator of an aluminum wheel reprocessing plant subject to 326 IAC 8-3-5, requested to be allowed to equip their degreaser with an oil cover, rather than a water cover, as a control device. The Petitioner believes an oil cover is an equivalent control device as provided in 326 IAC 8-3-5 (a) (5) (C). The Petitioner's degreaser is part of their surface coating and dip tank operation, which is required to limit the potential to emit VOC to less then 15 pounds per day. Accepting the Petitioner's request will not impact VOC emissions.
Upon review of the proposed revision Indiana Department of Environmental Management (IDEM) revised the Petitioner's existing permit, but also issued a letter and a notice of deficiency (NOD) to the Petitioner on October 31, 2000. The NOD stated the proposed revision constituted a Site-Specific Significant Permit Revision, and the Petitioner needed to provide information pursuant to 326 IAC 8-1-5. Approval to use an equivalent emission control device, under 326 IAC 8-3-5 (a) (5) (C), must be submitted to U.S. EPA as a state implementation plan (SIP) revision.
Therefore, the Petitioner requests that an oil cover be deemed an equivalent control device when the solvent used in the cold cleaner degreaser is miscible with water pursuant to 326 IAC 8-3-5 (a) (5) (C).
On November 13, 2000, the Petitioner submitted the following as factors demonstrating that the alternative control program constitutes reasonably available control technology:
IDEM makes the following findings:
Petitioner shall meet the requirements of 326 IAC 8-3-5 (a) (5) (C) by using an oil cover when solvent is miscible with water.
Conditions of this approval do not relieve the Petitioner from complying with any requirements listed in their permit or future rulemakings.
Pursuant to IC 4-21.5-3-3 and IC 4-21.5-3-5, IDEM will give notice of this Order to each person whom the order is directed, affected neighbors, and in a newspaper of general circulation in the county affected by this order.
Pursuant to IC 4-21.5-3-2, IC 4-21.5-3-3, IC 4-21.5-3-5 and IC 4-21.5-3-7, this Order becomes effective eighteen (18) days after service through the United States mail, unless a petition for judicial review is filed before or on the eighteenth (18th) day. Standing and substantive requirements are specified in IC 4-21.5-5-3 and IC 4-21.5-5-7, respectively.
Pursuant to IC 4-21.5-5-9, a person seeking judicial review of the Order may, by filing a verified petition, request an order of the court staying this Order, pending a decision by the court.
If you have procedural or scheduling questions regarding your request for review you may contact the Office of Environmental Adjudication at (317) 233-0850.
Dated at Indianapolis, Indiana, this _____ day of _________, 2004.
Janet G. McCabe
Office of Air Quality