docket no.: 2010-0824--air-e name: uni-graphics printing

EXECUTIVE SUMMARY - ENFORCEMENT MATTER

of 4DOCKET NO.: 2o10-0824-AIR-E TCEQ ID: RN1oo777648 CASE NO.: 39730

RESPONDENT NAME: Uni-Graphics Printing, Ltd dba The Printing Bureau

ORDER TYPE:

X 1660 AGREED ORDER _FINDINGS AGREED ORDER _FINDINGS ORDER FOLLOWINGSOAR HEARING

_FINDINGS DEFAULT ORDER _SHUTDOWN ORDER _IMMINENT AND SUBSTANTIALENDANGERMENT ORDER

AMENDED ORDER _EMERGENCY ORDER

CASE TYPE:

X AIR JMULTI-MEDIA (check all that apply) _INDUSTRIAL AND HAZARDOUSWASTE

PUBLIC WATER SUPPLY _PETROLEUM STORAGE TANKS OCCUPATIONAL. CERTIFICATION

-WATER QUALITY SEWAGE SLUDGE UNDERGROUND INJECTIONCONTROL

MUNICIPAL SOLID WASTE _RADIOACTIVE WASTE _DRY CLEANER REGISTRATION

SITE WHERE VIOLATION(S) OCCURRED: The Printing Bureau, 4545 Cambridge Road, Fort Worth, Tarrant County

TYPE OF OPERATION: Commercial printing plant

SMALL BUSINESS:

Yes

X No

OTHER SIGNIFICANT MATTERS: A complaint was received on February 17, 2010, alleging excessive smoke emanating fromthe oxidizer stack. There is no record of additional pending enforcement actions regarding this facility location.

INTERESTED PARTIES: A complaint was received, but the complainant has not expressed a desire to protest this action or tospeak at Agenda.

COMMENTS RECEIVED: The Texas Register comment period expired on October 18, 2010. No comments were received.

CONTACTS AND MAILING LIST:TCEQ Attorney/SEP Coordinator: NoneTCEQ Enforcement Coordinator: Mr. James Nolan, Enforcement Division, Enforcement Team 4, MC 149, (512)239-6634; Ms. Laurie Eaves, Enforcement Division, MC 219, (512) 239-4495Respondent: Ms. Stephanie Giotes, General Counsel, Uni-Graphics Printing, Ltd, 1130 Avenue H East, Arlington, Texas76011Mr. Shawn Petersen, CEO, Uni-Graphics Printing, Ltd, 1130 Avenue H East, Arlington, Texas 76011Respondent's Attorney: Not represented by counsel on this enforcement matter

execsum/5-23-081app-26c.doe


of 4DOCKET NO.: 2010-0824--AIR-E

VIOLATION SUMMARY CHART:

VIOLATION INFORMATION PENALTY CONSIDERATIONS CORRECTIVE ACTIONSTAKEN/REQUIRED

Type of Investigation: Total Assessed: $22,245 Corrective Actions Taken:X Complaint_Routine Total Deferred: $4,449 The Executive Director recognizes that

Enforcement Follow-up X Expedited Settlement the Respondent has implemented the__ Records Review following corrective measures at the

Date(s) of Complaints Relating tothis Case: February 17, 2010

Financial Inability to Pay

SEP Conditional Offset: $o

Plant:

a. On March 3, 2010, hired an

Date of Investigation Relating to Total Paid to General Revenue:environmental consultant on anongoing basis, in order to ensure:

this Case: February 22, 2010 $17,796

Date of NOV/NOE Relating to this Person Compliance Historyi. Timely sampling . of the catalyst bedfrom the catalytic oxidizer and all of the

Case: April 21, 2010 (NOE) Classification add-on control systems are conducted;

Background Facts: This was a_ High _Average _ Poor

ii. Timely submittal of proposedcomplaint investigation. Site Compliance History sampling methods for TCEQ approval;

AIRClassification_ High _ Average

X Poor iii. Pre-test meeting scheduling at least

1) Failed to ensure that all waste inks, Major Source:

X No_Yes45 days in advance of sampling; and

solvents, and cleanup rags/towels were iv. Timely submittal of samplingstored in closed containers. Applicable Penalty Policy: September reports.Specifically, a container of waste 2002solvent, a container of waste inks, and b. By March 19, 2010, established anda container of cleanup rags were open began maintaining a record system toto the air [New Source Review ("NSR") track HAP emissions; andPermit No. 47553, Special Conditions( "SC" ) 5.B., 26.A,, and 26.C., 30 TEX. c. On April 14, 2010, completed trainingADMIN. CODE §§ 116.115(c) and designed to ensure that all waste inks,115.442(a) (1)(F)(ii), and TEx. HEALTH & solvents, and cleanup rags/towels areSAFETY CODE § 382.085(b)]. properly handled and stored.

2) Failed to ensure that oxidizers were Ordering Provisions:in proper operation at all times duringthe operation of printing presses. The Order will require the RespondentSpecifically, emissions from the full to:web press, facility identificationnumber ("FIN") Press 3, were required a. Within 30 days after the effectiveto be abated by the catalytic oxidizer, date of this Agreed Order, either:but that oxidizer was shut down onDecember 17, 2008, and emissions i. Complete repairs, replacements,from Press 3, including visible and/or adjustments to the catalyticemissions observed during the oxidizer (EPN EP-3) and/or theinvestigation, continued unabated until thermal oxidizer (EPN EP-1) designedFebruary 22, 2010, when Press 3 was to comply with the requirementsshut down. In addition, emissions of NSR Permit No. 47553, SC 3, 6, 9, 18,

from the half web press, FIN Press 1, and 24.A.; or in the alternativewere required to be abated by thethermal oxidizer, but on September 23, ii. Submit an administratively complete2008, that oxidizer was shut off and request to amend NSR Permit No.emissions from Press i were 47553, in order to allow for alternativeimproperly diverted to the catalytic requirements related to one or both ofoxidizer until December 17, 2008, the oxidizers' operations.when the catalytic oxidizer was shutdown, and since then, emissions from b. In the event the Respondent elects to

execsomf 5-23-08fapp-26c.doc


of 4DOCKET NO.: 2oto-0824-AIR-E

Press 1 have gone unabated.Furthermore, the catalytic oxidizer,when tested on December 5, 2oo8, wasfound to have a destruction efficiencyof 60.66%, while the requirement is95% [NSR Permit No. 47553, SC 3, 6,9, 18, and 24.A., 3o TEx. ADMIN. CODE §116.115(c), and TEx. HEALTH & SAFETYCODE § 382.085(1?)].

3) Failed to ensure that arepresentative core bed sample wasremoved from the catalytic oxidizerand submitted to a laboratory forcatalyst activity testing by December 1

of each year. Specifically, no sampleswere submitted to a laboratory forcatalyst activity testing for the year2009 [NSR Permit No. 47553, SC 23,30 TEX. ADMIN. CODE § 116.115(0), andTEx. HEALTH & SAFETY CODE §382.085(b)].

4) Failed to conduct a timely stack testof the catalytic oxidizer. Specifically,the catalytic oxidizer was installed inJanuary 2008, and one-time, initialstack test was due within 18o days ofthat installation (by July 29, 2008),but did not occur until December 5,2008 [NSR Permit No. 47553, SC 24,30 TEx. ADMEN. CODE § 116.115(c), andTL+x. HEALTH & SAFETY CODE §

382.085(b)].

5) Failed to timely submit proposedstack sampling methods. Specifically,the Respondent was required to submitproposed stack sampling methods forthe catalytic oxidizer within 30 daysafter it reached normal operatingconditions in May 2008, but thosemethods were not submitted untilSeptember 5, 2008 [NSR Permit No.47553, SC 24•C•1•, 30 TEx. ADMIN. CODE

§ 116.115(c), and TEx. HEALTH & SAFE'T'Y

CODE § 382.085(b)].

6) Failed to schedule a pretest meetingwith the TCEQ Regional Office at least45 days in advance of the catalyticoxidizer stack sampling. Specifically,for the December 5, 2008 catalyticoxidizer stack sampling, theRespondent failed to schedule a pretestmeeting [NSR Permit No. 47553, SC24.C.2. , 30 TEX. ADMIN. CODE §116.115(c), and TEx. HEALTH & SAFETY

CODE § 382.085(b)].

7) Failed to prepare and distribute thestack sampling report to the TCEQwithin 30 days after the completion ofsampling. The catalytic oxidizer stack

submit a request to amend NSR PermitNo. 47553, respond completely andadequately, as determined by theTCEQ, to all requests for informationconcerning the amendment requestwithin 30 days after the date of suchrequests, or by any other deadlinespecified in writing;

c. Within 45 days after the effective dateof this Agreed Order, submit writtencertification and include detailedsupporting documentation includingphotographs, receipts, and/or otherrecords to demonstratecompliance with Ordering Provision a.i.or a.ii.; and

d. Within 18o days after the effectivedate of this Agreed Order, in the eventthe Respondent elects to submit arequest to amend NSR Permit No.47553, submit written certification thateither authorization to construct andoperate the Plant's catalytic oxidizerand/or thermal oxidizer has beenobtained or that construction/operationhas ceased until such time thatappropriate authorization is obtained.

execsuml5-23-08Iapp-26c.doc


of 4DOCKET NO.: 2010-0824-AIR-E

sampling was performed on December5, 2008, making the sampling reportdue by January 4, 2009, but the reportwas not submitted until February 2,2009 [NSR Permit No. 47553, SC24.C.4., 30 TEx. ADMIN. CODE §116,115(c), and TEX. HEALTH & SAFETYCODE § 382.085(b)].

8) Failed to maintain a monthly recordof individual and total hazardous airpollutant ("HAP") emissions in tonsper year for the previous rolling 12months [NSR Permit No. 47553, SC25.D,, 30 TEx. ADMIN. CODE §116.115(c), and TEx. HEALTH & SAFETYCODE § 382.085(b)]•

Additional ID No(s).: TA4116R

execsund5-23-087app-26c.doc

Penalty Calculation Worksheet (PCW)ai,tvPolicy Revision 2(September2002)

DATES

RESPONDENT/FACILITY INFORMATIONRespondent

Reg. Ent. Ref. No.FacilitylSite Region

PCW Revision October 30, 2008

Assigned 26-Apr-2010PCW 24-Jun-2010Screening EPA Due14-May-2010 I

Uni-Graphics Printing, Ltd dba The Printing BureauRN1007776484-Dallas/Fort Worth

Ma orlMinor Source !Minor

397302010-0824-AIR-EAir

CASE INFORMATIONEnf./Case ID No.

Docket No.Media Program(s)

Multi-Media

No. of ViolationsOrder Type

Government/Non-ProfitEnf, Coordinator

EC's Team

81660NoJames NolanEnforcement Team 4

Admin. Penalty $ Limit Minimum $0 Maximum

I $10,000 l

Penalty Calculation Section

TOTAL BASE PENALTY (Sum of violation base penalties)

Subtotal I

$17,100

ADJUSTMENTS (+1-) TO SUBTOTAL 1Subtotals 2-7 are obtained by multEplying the Total Base Penalty (Subtotal 1) by the indicated percentage.

Compliance History 20,0%Enhancement Subtotals 2, 3, & 7

Notes

The penalty was enhanced by one 1660-style agreed order.

Culpability

No 1 0.0%Enhancement Subtotal4

Notes

The Respondent does not meet the. culpability criteria.

$3,4201

$0I

Economic Benefit, Total EB Amounts

Approx. Cost of Compliance

0.0% Enhancement"'Capped at the Total ER $ Amount

Subtotal 5

Subtotal 6

$1,2751

$O1

Good Faith Effort to Comply Total Adjustments

$6,348$33,000

SUM OF SUBTOTALS 1-7

Final Subtotal

$19,245

OTHER FACTORS AS JUSTICE MAY REQUIREReduces or enhances the Final Subtotal by the Indicated percentage.

15.6% Adjustment

Recommended enhancement to capture the avoided cost ofcompliance associated with Violations 3 and 6.

Final Penally Amount

STATUTORY LIMIT ADJUSTMENT

Final Assessed Penalty

$22,245

Notes

$3,0001

$22,2451

DEFERRAL

20.0% Reduction

Reduces the Final Assessed Penalty by the indicted percentage. (Enter number only; e.g. 20 for 20%reduction.)

Notes

Deferral offered for expedited settlement.

Adjustment 44,449

PAYABLE PENALTY

$17,796

>>

Screening Date 14-May-2010

Docket No. 2010-0824-AIR-E

PCW

Respondent Uni-Graphics Printing, Ltd dba The Printing Bureau

Policy Revision 2 (September20U2'!

Case ID No. 39730

PC0Revision Ortober30, 2DO8

Reg. Ent. Reference No. RN100777648

Media [Statute] Air

Ent. Coordinator James Nolan

Compliance History WorksheetCompliance History Site Enhancement (Subtotal 2)

Component Number of...

Enter Number Were Adjust.

NOVsWritten NOVs with same or similar violations as those in the current enforcement action(number of NOVs meeting criteria)

0 0^/n

Other written NOVs 0 0%

Orders

Any agreed final enforcement orders containing a denial of liability (number of ordersmeeting criteria )

1 20^%n

Any adjudicated final enforcement orders, agreed final enforcement orders without a denialof liability, or default orders of this state or the federal government, or any final prohibitoryemergency orders issued by the commission

0 0%

Judgments

Any non-adjudicated final court Judgments or consent decrees containing a denial of liabilityof this state or the federal government (number of judgements or consent decrees meetingcriteria )

0 0%

and ConsentDecrees Any adjudicated final court judgments and default judgments, or non-adjudicated final court

judgments or consent decrees without a denial of liability, of this state or the federalgovernment

0 0%

Convictions Any criminal convictions of this state or the federal government (number of counts) 0 0%Emissions Chronic excessive emissions events (number of events) 0 0%

A u dits

Letters notifying the executive director of an intended audit conducted under the TexasEnvironmental, Health, and Safety Audit Privilege Act, 74th Legislature, 1995 (number ofaudits for which notices were submitted)

0 0%

Disclosures of violations under the Texas Environmental, Health, and Safety Audit PrivilegeAct, 74th Legislature, 1995 (number of audits for which violations were disclosed )

0 D%

Please Enter Yes or No

Environmental management systems in place for one year or more No 0%

Voluntary on-site compliance assessments conducted by the executive director under a No 0%Other

special assistance program

Participation in a voluntary pollution reduction program No 0%

Early compliance with, or offer of a product that meets future state or federal government No 0%environmental requirements

Adjustment Percentage (Subtotal 2)

:>> Repeat Violator (Subtotal 3)

20%

No

>> Compliance History Person Classification (Subtotal 7)

Adjustment Percentage (Subtotal 3) I 0%

NIA

Adjustment Percentage (Subtotal 7)

0%

'>> Compliance History Summary

The penalty was enhanced by one 1660-style agreed order.Compliance

HistoryNotes

Total Adjustment Percentage (Subtotals 2, 3, 8 7) 20%

Screening Date 14-May-2010_


FCVV


PolicyPr:Oman 2(Srolnua,i,v2003)

Case ID No. 39730

POW Revision Ocher 30, 2008

Reg. Ent. Reference No. RN100777648Media [Statute] Air

Enf. Coordinator James NolanViolation Number

Rule Cite(s)

Failed to ensure that all waste Inks, solvents, and cleanup ragsltoweis were stored inclosed containers, as documented during an investigation conducted on February 22,

2010. Specifically, a container of waste solvent, a container of waste inks, and a containerof cleanup rags were open to the air.

Violation Description

1 1New Source Review ("NSR") Permit No. 47553, Special Conditions ("SC")

26.A and26.C., 30 Tex. Admin. Code §§ 116.115(c) and 115.442(a)(1)(F)(ii), and Tex. Health &

Safety Code § 382.085(b)

Percent

Percent

» Enviroitlpenta; r pt'op0ijy and Human k-l alth matrixHarm

Release

Maior

Moderate

MinorOR

ActualPotential

>>Programmatic MatrixFalsification

11II

Major1

Minor

Base Penalty

0%

$10,0001

Human health or the environment were exposed to Insignificant amounts of pollutants not exceeding levelsprotective of human health or environmental receptors as a result of this violation.

$9,0001

$1,0001

Violation Events

Number of Violation Events

Number of violation days

MatrixNotes

mark orgy one

with an x

dailyweeklymonthlyquarterly

semiannualannual

single event x

Violation Base Penalty $1,0001

One single event is recommended, based on the date of the investigation.

Good Faith Efforts to Compl} ReductionBefore NOV NOV la EDPRPISettlemenl Offer

L $25025.O%1

Extraordinary

OrdinaryNIA (mark wilh xl

NotesThe Respondent completed corrective actions by April 14, 2010,

and the NOE is dated April 21, 2010.

Violation Subtotal

Statutory Lirnit Test

Violation Final Penalty Total

$750

$1,0961

EdbtiOnlic Benefit (EB) for this violation

Estimated EB Amount

$141

This violation Final Assessed Penalty (adjusted for limits)

$1,098

Economic Benefit Worksheet

sondentWgp+s+@q,md The Printing BureauCase ID No. 397a


Media AirViolation No. 1

item CostItem Description Nocommas.or$

| l am $0 $0 $0L $ I 0.00 $0 $0 $0

II ; .

^ mE $0 $0 $0I I t

L cm $0 $0 $0

E m

I UO $0 $0I [ 0.00 $0 .:

w

. $02 000 ^ 22@&2@0 ! iGA

eo E Q4 q4 ..» + $14I I L UO $0 $0IL § o o $0 nla $0

I I I .

l 0.00 $0 \d«

<n $0

Estimated costs to provide for increased waste handling training. The Date Required is the date of theinvestigation, and the m« Dat. is the date the additional training was provided.

ANNUALIZE 1 avoided costs before entering item (except for one-lime avoided costs)|

!

l oo $0 $0 wI

E

IL G^ m m r

r

I o o r $ mIL

t

1 ^ o $0 $ $0I 0

I a o $0 $ $0

I

I

l1 a o r $ $0I

m

! Uo $0 q $0

Depreciation ,

: P

121e^^

Final e

r Interest &ed Onetime cs EBBAmount

! Percent Interest

Notes for DELAYED costs

Avoided costsDisposal

Personnelm_ _#a m

s A A_tFinancial Assurance (21

ONE-TIME avoided costs (a]_«w needed )

Notes for AVOIDED costs

Approx, Cost of Compliance km( TOTAL



PCWRespondent Uni-Graphics Printing, Ltd dba The Printing Bureau

Rees Rev)sivu z(Sree niiwer 2oazi

Case ID No. 39730

PC:WRevrsfon Wolfer 30, 2000



itRule Cite(s) NSR Permit No. 47553, SC 3, 6, 9, 18, and 24.A., 30 Tex. Admin. Code § 116.116(c), and Tex. Health & Safety

Code § 382.085(b)

Failed to ensure that oxidizers were in proper operation at all times during the operation of printing presses, asdocumented during an investigation conducted on February 22, 2010. Specifically, emissions from the full webpress, facility identification number ("FIN") Press 3, were required to be abated by the catalytic oxidizer, but that

oxidizer was shut down on December 17, 2008, and emissions from Press 3, including visible emissions observedduring the investigation, continued unabated until February 22, 2010, when Press 3 was shut down. In addition,

emissions from the half web press, FIN Press 1, were required to be abated by the thermal oxidizer, but onSeptember 23, 2008, that oxidizer was shut off and emissions from Press 1 were improperly diverted to the

catalytic oxidizer until December 17, 2008, when the catalytic oxidizer was shut down, and since then, emissionsfrom Press 1 have gone unabated, Furthermore, the catalytic oxidizer, when tested on December 5, 2008, was

found to have a destruction efficiency of 60.66%, while the requirement is 95%.

Base Penalty

>> Envirop rtenta , t P Y and Human Health Ma fixHarm

Major Moderate

MinorOR


1 $10,0001

Percent 1

>>Progra.m. matic MatrixFalsification Moderate Minor

1 PercentMajor

MatrixNotes

Human health or the environment were exposed to Insignificant amounts of pollutants not exceeding levelsprotective of human health or environmental receptors as a result of this violation.

,; dj' ,sitneet

$9,0001

stow]

Violation Events.

mark only onewith an x

quarterly

Number of Violation Eventsdaily

weeklymonthly

12

1

598


X

Violation Base Penalty

$12,0001semiannua

annualsingle event.I

Twelve quarterly events are recommended: Five for the catalytic oxidizer from December 17, 2008 (dateemissions from Press 3 unabated) to February 22, 2010 (the date Press 3 was shut down), and seven for

the thermal oxidizer from September 23, 2008 (date emissions from Press 1 improperly routed to EPN EP-3) to May 14, 2010 (the enforcement screening date).

Good Pauli Efforts to Comply 0:0%1Before NOV

Red,NOV to EDPRP/Se111emenl Offer

Extraordinary

OrdinaryNIA 1

1x (1(mark with x}

Notes

;Economic Beriet t (EB) for this violatioi

The Respondent does not meet the good faith criteria for thisviolation.

1Violation Subtotal

Statufary l1.t T s# .

$12,000]

Estimated EB Amount $2,4731 Violation Final Penalty Total 1 $16,645


$16,6451



Case 113 No. 39730Reg. Ent. Reference No. RN100777645


Item Cost

Date Required.

Final Date

Yrs

Item Description No commas or $

1 Percent Interest

Years ofDepreciation

Interest Saved Onetime Costs EB Amount

Delayed CostsEquipment

BuildingsOther (as needed)

Engineering/constructionLand

Record Keeping SystemTraining/Sampling

RemedlatlonfDisposalPermit Costs

Other (as needed)


Avoided CostsDisposal

PersonnelInspection/Reporting/Sampling

SuppllesfequlpmentFinancial Assurance [2]

ONE-TIME avoided costs [3]Other (as needed)


II II I 0.00 $0 $0 $0II II I 0.00 $0 $0 $0

I 1 1 II

1 0.00 $0 $0 $010 000 1

23-Seo-2008 II

1-May-2011

] 2.60 $87 $1,735 $1,822II

1 1 1 0.00 $0 n/a $0I II 11 1 0.00 $0 nla $0I. 1 1 I I I 0.00 $0 nfa $0

I 4 II I 0.00 $0 nia $0_5 000 I

23-Sep-2008 11

1-May-2011 I 2.60 $651 nla $651

L II

l 1 1 0.00 . $0 hlar $0

Estimated costs to adjust oxidizer operations ($10,000), and/or amend the permit to provide for alternativemethods of control ($5,000). The Date Required is the date the thermal oxidizer was shut down, and the Final

Date Is the date the Respondent is expected to return to compliance.

ANNUALIZE [1] avoided costs before entering Item (except for one-time avoided costs)

I

II

II 1 0.00 $0 $0 $0I

lI

11 1 0.00 $0 $0 $0ILI

II

] 0.00 $0 $0 $011

II 1 . 0.00 $0 $0 $011

11 I 0.00 $0 $0 $0

I

u11-

1

0.00 $0 $0 $0I

II

II L 0.00 $0 $0 $0

oeee,ee



PCW


Percy Romeo 2 (Septembor 2002)

Case ID No. 39730

Pew Revision OctoberReg. Ent. Reference No. RN100777648

Media [Statute] Air


Rule Cite(s)) NSR Permit No. 47553, SC 23, 30 Tex. Admin. Code § 116.115(c), and Tex, Health &Safety Code § 382,085(b)

Failed to ensure that a representative core bed sample was removed from the catalyticoxidizer and submitted to a laboratory for catalyst activity testing by December 1 of each


year, as documented during an investigation conducted on February 22, 2010.Specifically, no samples were submitted to a laboratory for catalyst activity testing for the

year 2009.

'>> Environmental, Property arid Human Health MatrixHarm

Release Major ModerateOR

ActualPotential

Minor

Percent

Base Penalty

5%I

$10,0001

>>Prograinntatic Ma"ir•xFalsification

0%1U

MinorModerateMajorPercent

MatrixNotes

Failure to sample, and potentially adjust, the oxidizer could result in human health or the environment beingexposed to insignificant amounts of pollutants not exceeding levels protective of human health or

Adjustme`

$9,5001

1

$500

-Violation Events


environmental receptors as a result of this violation.

r

[ 365 1 Number of violation days

mark nary onewith an x


semiannualannual

single event

Violation Base Penalty $5001

x

One single event is recommended, based on the one sampling failure,

Good with Efforts to Comply $12525.0/o1 deductionBefore NOV NOV to EDPRPJSelilement Offer

Extraordinary

Ordinary

NIA

x

mark with x)

NotesThe Respondent completed corrective actions by March 3, 2010,

and the NOE is dated April 21, 2010.

Violation Subtotal

Statutory Limit Test


$3751

$5491

Economic Benefit (ED) for this violation

Estimated EB Amount

$1,837j

This violation Final Assessed Penalty {adjusted for limits)

$5491

Economic Benefit WorksheetRespondent Uni-Graphics Printing, Ltd dba The Printing Bureau

Case ID No. 30730

Rea. Ent. Reference No. RN100777648

Media Air

Violation No. 3I Percent Interest


15Item Cost


Date Required

Final Date

Yrs Interest Saved Onetime Costs

EB Amount


BuildingsMacias needed)

EngineeringtconslructlonLand

Record Keeping SystemTralningiSampling

Remedlation)DlsposalPermit Costs

Other [as needed)


I I II 1`

0.00 $0 $a $0I II

1 1 1 0.00 $0 $0 $0I II II 1 0.00 $0 $0 $0I II II I 0.00 $0 $0 $0I I I II 1 0.00 $0 nla- $0I II 1 0.00 $0 nla $0

10 000 30-Jun-2008I

n-2008 II 3-Mar-2010 J 1.67 $837 n!a $837II II 1 0.00 ._

$0 n!a $0

11 II. 1 0,00 $0 rJa $0

II I I I o.oo $0 n^a $0

Estimated costs to hire a specialized consultant to oversee compliance with envionmenta] requirements, includingtimely sampling and report. submittal . The Date Required is the due date of the sample in Violation 5, and the

Final Date is the date an environmental consultant was hired on an ongoing basis.

Avoided Costs

ANNUALIZE . [1]avoidedcosts before enteringitem (except fo one-time avoided costs)Disposal

PersonnelIn specilonlReporttnglSampling

Supplies!equlpmentFinancial Assurance [2]


o.oo .

Estimated costs to sample, submit; and report results. The Date Required and the Final Date are the last day ofthe year for which the annual sampling was required.


$11,000

TOTAL

$1,8371

I 31-Dec-2009 I

]

I 31-Dec-2009 I

0.00ono0.000.000.000.00

so$0$o$a$0$0 $1,000

$0$0$0

$.1,000

$0

$o$0$0

$o $0 $o




PC:W


Policy ReveiOn 2(Sopirwifee2002)

Case ID No. 39730

POW Renew October 30, 2008


Media [Statute] Air

Enf. Coordinator James NolanViolation NumberMI

Rule Cite(s)

NSR Permit No. 47553, SC 24, 30 Tex. Admin. Code § 116.115(c), and Tex. Health &Safety Code § 382.085(b)

Failed to timely conduct a stack test of the catalytic oxidizer, as documented during aninvestigation conducted on February 22, 2010. Specifically, the catalytic oxidizer was

Installed in January 2008, and-one-time, initial stack test was due within 180 days of thatInstallation (by July 29, 2008), but did not occur until December 5, 2008.

Base Penalty

$10,0001


>> Environment ptlie P' :0,,

ReleaseOR

Actual

Potential 5%1

Major

0R 1104;11 lYlOArix_Harm

Moderate Minor

1 1

11.

1x Percent

>>Programmatic MatrixFalsification Major Moderate

MinorPercent 1 ,0%i lI

MatrixNotes

,Vioiatioh Events

Failure to sample, and potentially adjust, the oxidizer could result in human health or the environmentbeing exposed to insignificant amounts of pollutants not exceeding levels protective of human health or

environmental receptors as a result of this violation.

Adjustment) $9,5001


130 1 Number of violation days


One single event is recommended, based on the one late test.

mark only onewilts an x


semiannualannual

single event

$500

$5001

Good Faith Efforts to Comply 25,0%IBefore NOV

ReciijcjpqNOV to EOPRPiSelllement Offer

$125

Extraordinary

Ordinary

N/A

1

1(rnerk with x)

1

x

Econoniijt Benefit (EB) for this violation

The Respondent completed corrective actions by March 3,2010, and the NOE. is dated April 21, 2010.

Violation Subtotal

Statutory Li tit Test

Notes

$3751

f $5491Estimated EB Amount Violation Final Penalty Total


$5491


Respondent Uni-Graphics Printing, Ltd dba The Printing BureauCase ID No. 39730

Reg. Ent, Reference No. RN100777848Media Air

Violation No. 4

Item Cost

Date Required

Final Date

YrsNo commas or $

I II I I

1 0.00 $0 0 $0

I I I II

1 0.00 $0 $0 $0I I I I l

I 0.00 $0 $0 $0

I 1 1 } I

1 0.00 $0 $0 $0

I II II

1 0.00 $0 rila $0

f II II

1 0.00 $0 n/a = ' -'

r $0

I ' 1 000 I 29-Jul-2008 II

5-Dec-2008

I 0.35 $18 1/a $18I II 1 1

1 0.00 $0 nla $0

I II 11

1 0.00 $0 n7a $0II II

1 0.00 $0 nIa $0

Estimated costs to sample the oxidizer ($1,000). The Date Required is the due date of the sampling, and theFinal Date Is the date the sampling was conducted. Estimated costs to ensure future timely sampling is included

in Violation 3,

ANNUALIZE [1];avoided costs before entering item (except for one-time avoided costs)I

I I

II

I (loci $( _ $0 $oI

I I

II

I o.oo $0 $( $oI

! I

11

1 0.00 $0 $0 $0I

I I

JI

I 0.00 $o $0 $0I

1 II

I 0.00 $0 $0 $0I I

II

1 0.00 $0 $0 $oI I

II

I (.(( $o $a $(


$1,000'

TOTAL

1 Percent Interest


5.01

15

Interest Saved Onetime Costs EB AmountItem Description



EngrnseringlconslructtonLand

Record Keeping SystemTralntngfSampling

Remedlalloo)DleposalPermit Casts

Other (as needed)




SuppllesfegmdpmentFinancial Assurance [2]





PCWPoky Revision 2 (September 2002)

PC W Revfsron October 30, 2008

Respondent Uni-Graphics Printing, Ltd dba The Printing BureauCase ID No. 39730

Reg. Ent. Reference No. RN100777648Media [Statutel Air


Rule Cite(s)

Failed to timely submit proposed stack sampling methods, as documented during aninvestigation conducted on February 22, 2010. Specifically, the Respondent was required

Violation Description to submit proposed slack sampling methods for the catalytic oxidizer within 30 days alter itreached normal operating conditions in May 2008, but those methods were not submitted

until September 5, 2008.

Base Penalty

$10,0001

5NSR Permit No. 47553, SC 24.C,l„ 30 Tex. Admin, Code § 115,115(c), and Tex. Health &

Safely Code § 382.085(b)

Major

Percent 0%1

>> Environmental, Property and Human Health MatrixHarm

ModerateOR

ReleaseActual

Potential C1

Minor

>>Prograrn 7atic MatrixFalsification Major Moderate Minor

Percent,x 1l

The Respondent failed to comply with 100% of the requirement.

AjJ,ttstiern

$0,0001

$1,000

'Violation Eyehts

1

67


MatrixNotes

mark only onewith an x


semiannualannual

single event

1

1x

Violation Base Penalty $1,000)

One single event is recommended, based on the one late submittal.

Good Fait) Efforts to Comply 25:0% RedUeLel lBefore NOV NOV to EOPRP/Setllement Offer

$260

Extraordinary

Ordinary xN!A

mark with x)

The Respondent completed corrective actions by March 3,2010, and the NOE is dated April 21, 2010.Notes

Violation Subtotal

Statutory 004 Test


$7501

$1,0981

Economic Benefit (EB) for this violation

Estimated EB Amount

$0I


$1,098



Case ID No. 39730Reg. Ent. Reference No. RN100777048


5.01

15

Date Required

Final Date


EB Amount

1

I I

I I

1 0.00 $0 $0 $0

I I I I

1 0.00 $o $0 $0

I

I I

I I

1 0.00 $0 $0 $01 II

7 1

I _0.00 $0 $0 $0

II

1 1

1 0,00 $0 nla $0I

1 1 I I

1 0.00 $0 nla $0

1 1 I I

1 0.00 $0 nla $01 II I[

1 0.00 $0 nla $0I 11 11

l 0.00 $0 nla $0

11 11

1 0.00 $0 ilia $0

Delayed economic benefits for this violation are included In Violation 3,

ANNUALIZE [1] avoided costs before entering Rent (except for one-time avoided costs)I[ l

1 0.00 $o $o $o1

II 1

I 0,00 $0 $0 $01

11

-11

I 0.00 $0 $0 $0

I

If 11

1 0.00 $0 $0 $0

I

II 11

1 0.00 $o $0 $0

11 II

1 0.00 $0 $0 $0

it li

1 0.00 $0 $0 $0


$01

TOTAL

$0I

1 Percent Interest

Years of.Depreciation

Item Cost




EnglneeringfconstructIanLand

Rocerd Keeping SystemTralningl5ampling

RemedlatlonlDisposalPermit Costs

Other (as needed)

Notes for DELAYED casts


PersonnelInspectlonfReporttnglSampling

SupplieslequipmontFinancial Assurance [2]




Docket No, 2010-0824-AIR-E


Policy Revision 2(Sep(emteeor 2002)

Case ID No. 39730

PCW Revision OclobarsO, 2006


Ertl. Coordinator dames NolanViolation Number

Rule Cite(s)& Safety Code § 382.085(b)

Failed to schedule a pretest meeting with the TCEQ Regional Office at least 45 days inadvance of the catalytic oxidizer stack sampling, as documented during an investigation

Violation Description conducted on February 22, 2010. Specifically, for the December 5, 2008 catalytic oxidizerstack sampling, the Respondent failed to schedule a pretest meeting; however, they

provided a corrective action plan on March 3, 2010.

1 6 1NSR Permit No. 47553, SC 24.C.2., 30 Tex. Admin. Code § 116.115(o), and Tex. Health

>> Environmental, Proper arid Human Het

;'t'jxHarm

Release Major ModerateOR

ActualPotential

Minor

Percent

Base Penalty

0%1

$10,000j

»Progran' matie aalxFalsificationFa

Matrix

10%Major Moderate

1Minor

Percent

Notes

The Respondent failed to comply with 100% of the provision.

Ailjustinent

$9,000[

$1,000

Violation Events

mark reify onewe an x


semiannualannual

single event

1 Number of violation days


One single event Is recommended, based on the one scheduling failure.

Good Faith Efforts to Comply $25025.0%[ ReducjionNOV NOV la EDPRPlSetllement OfferBefore

Extraordinary

OrdinaryNIA

Notes

(mark with x)

The Respondent completed corrective actions by March 3,2010, and the NOE is dated April 21, 2010.

1 x1

11

Econoin .ic Benefit [EB) for this violation

$1,0981

Violation Subtotals



$7501

This violation Final Assessed Penalty (adjusted for limits) $1,0981

Economic Benefit WorksheetRespondent Uni-Graphics Printing, Ltd dba The Printing Bureau

Case ID No. 39730

Rep. Ent. Reference No. RN100777648

Media Air

Violation No. 6

Item Cost

Date Required

Final Date

Yrs

Item Description No commas or$

I I I I I 1 0.00 $0 $0 $0I 1 1 I I

.0.00 $0 $0 $0

II IL 1 0.00 $0 $0 $0I 1 1 I I 1 0.00 $0 $0 $0

I 1 1 I I 1 0.00 $o n!a $0

I 1 1 11 I

0.00 $0 nla $01 1 I I J 0.00 $0 nfa $0

I 1 1 1 1 1

0.00 $0 nra $0

II IF I o,oo $o nla $0[ II II 1 0.00 $0 ri7a $0

Delayed economic benefits for this violation are included In Violation 3.

Years of1 Percent Interest Depreciation

Interest Saved Onetime. Costs EB Amount





Rsmedlat[oniDlsposalPermit Costs

Other (as needed)



PersonnelInspectlonlRoportingfSampling

Supplies/equipmentFinancial Assurance [2]



ANNUALIZE [1] avoided costsbefore entering item (except for one-time avoided costs)

Estimated costs to prepare for and conduct a pretest meeting. The Date Required and the Final Date is 45•daysprior to the test that occurred on December 5, 2008.

7

0.000.000,000.000.000.000.00

I 21-Oct-2008 1 21-act-2008 . 111

$o

$

$0

$

$

$0$0$0$0$0

$2,0000$

Approx. Cost of Compliance $2,0001 1 $2,0001TOTAL




Policy Rees= 2(Snpinmlrer2aa2}

Case ID No. 39730

PcwP.svislonoc[ouar30,2008


Media [Statute] Air


7Rule Cite(s) NSR Permit No. 47553, SC 24.C.4., 30 Tex. Admin. Code § 116.116(u), and Tex. Health &

Safety Code § 362.085(b)

Failed to prepare and distribute the stack sampling report to the TCEQ within 30 days afterthe completion of sampling, as documented during an investigation conducted on February


22, 2010. The catalytic oxidizer stack sampling was performed on December 5, 2008,making the sampling report due by January 4,2009, but the report was not submitted until

February 2, 2009.

Base Penalty

$10,0001

>s EnvirorijnentaI, Oro'ertjr and Human Health Nfati'ixHarm

Minor

Percent 0%1

:>>Programmatic MatrixFalsification Major Moderate Minor

MatrixNotes

1111111•111"

Percent ( 10%!

The Respondent failed to comply.with 100% of the requirement.

Adjt stment

$9,000

$1,000]

Violation Events


nark only onewithanx


semiannualannual

single event



129

One single event is recommended, based on the one late report.

Good Faith! Eftprt to Comply

25.0% F.uc uctionBefore NOV NOV to EDPRPISe111emenl Offer

Extraordinary

Ordinary

N/A

x 11(mark with x)

NotesThe Respondent completed corrective actions by March 3,

2010, and the NOE is dated April 21, 2010.

Violation Subtotal $750

1 $01

Economic Benefit (EB) for this violation

Estimated EB Amount

Statutory hiiit Test

Violation Final Penalty Total $1,093)


$1,0881

Respondent Unl-Graphlcs Printing, Lid dba The Printing Bureau

Case ID No. 39730

Reg. Ent. Reference No. RN100777048Media Air

Violation No. 7

50

15

Item Cost

Date Required

Final Date


EB Amount

No commas or $

I I

I I

1 0.00 $0 $0 $01

I I

1 1

1 0.00 $0 $0 $0I I

I I

1 0,00 $0 $0 $01 1

1 1

1 0.00 $0 $0 $0

1 I I

1 1

1 0.00 $0

$0


lVe $0

11 1 1 1

I 0.00 $0 nla $0

I 11 1

1 0.00 $0 n/a $0

1 1

I I

1 0.00 $0 nla $0

1I 11 1

1 0.00 $0 nla $0

1 1

1 1

1 0.00 $0 _ rife $0

The economic benefits for this violation are included In Violation 3.

ANNUALIZE [1] avoided costs before entering Item (except for one-time avoided costs}

F

11

11

1 0.00 $0 $0 $0

I

II

111 000 $0 $0 $0II

11

1 0,00 $0 $0 $0

11 11

I 0.00 $0 $0 $0

11

II

1-

0.00 $0 $0 $0l

1111 0.00 $0 $0 $0II

11

1 0.00 $0 $0


$01

TOTAL

$0

I Percent Interest


Item Description





RemedlallonfDlsposalPermit Costs

Other (as needed)




Supplies/equipmentFlnanctal Assurance 12]

ONE-TIME avoided costs (3]Other (as needed)





Polley Re:vvdon 2/Sopienreor Ar102)

Case ID No. 39730

PCW Revrsfon Oc[o6er30, 2000



Rule Cites}


8

NSR Permit No. 47553, SC 25.lJ., 30 Tex. Admin. Code § 116,115(c), and Tex. Health &Safety Code § 382,085(b)

Failed to maintain a monthly record of individual and total hazardous air pollutant ("HAP")emissions in tons per year for the previous rolling 12 months, as documented during an

investigation conducted on February 22, 2010.

>> Environmental, Property and Human Health MatrixHarm

/

Release Major Moderate MinorOR

ActualPotential Percent

Base Penalty

0%

$10,0001

>>Progranumatic

!IxFalsification

j x 1%ILPercent

Major MinorModerate

MatrixNotes

The Respondent failed to comply with less than 30% of the record keeping requirements.

F)ciji s"!,-O-t ISi00]

$9,9001

Violation EvehtS


I

25


mark only onewith ara x


semiannualannual

single event


One single event is recommended, based on the one set of records not being kept.

Good Faith Efforts to Comply

25.0%1 Rgc^licf^o^

$251Before NOV NOV to EOPRPISelllement Offer

Extraordinary

OrdinaryN/A

Notes

x

I(mark with x)

The Respondent completed corrective actions by March 19,2010, and the NOE is dated April 21, 2010.

Violation Subtotal




ECOnOOC Benefit (EB) fibr this violation

$7] $110Estimated EB Amount


Respondent Unl-Graphics Printing, Ltd dba The Printing Bureau

Case ID No. 39730Reg. Ent. Reference No. RN100777648

Media Air

Violation NO. 5

Item Cost

Date Required

Final Date

Yrs

Item Description No commas ors

I l

1 1 1 0.00 $0 $0 $01

1 1

f I

1 0.00 $0 $0 $0

I II 11 1 0.00 $0 $0 $0II

I I 1 0.00 $0 $0 $0

1 II 1 1 0.00 $0 nla: $0x, 2 000 I

22-Feb-2010 11

19-Mar-2010 I 0.07 $7 nla $71 It II I 0.00 $0 nla $0

I I II 1 0.00 $0 nla $07 1 II 1 0.00 $0 rlla $0

1 1 11 I 0.00 $0 nla $0

Estimated costs to establish and maintain a record keeping system to track HAP emissions. The Date RequiredIs the date of the Investigation, and the Final Date is the date the Respondent provided compliance

documentation.

ANNUALIZE i1] avoided costs before entering item {exceptfor one- ime

.e 'cos s

I

II

II

I ono $0 $o $o11I

II

1 0.00 $0 $0 $0

II

.

II

I o.oo $o $0 $o11

11

1 0.00 $0 $0 $0I^

II

I 0.00 $0 $0 $oII

11

I ono $0 $0 $0If

11

I o.oo $o $a $0


$2,0001

TOTAL

$71

Percent Interest


5.9

5=

Interest Saved Onetime Costs E13 Amount





RemediatlonlDIsposalPermit Costs

Other (as needed)




Supplies/equipmentFinancial Assurance [2]



Compliance History ReportCustomer/Respondent/Owner-Operator:

CN603642695

UNI-GRAPHICS PRINTING, LTD

Classification:

Rating:

Regulated Entity:

RN100777648

THE PRINTING BUREAU

Classification: POOR

Site Rating: 270.00

ID Number(s):

Location:

STORMWATER

PERMIT

TXR05ZO29AIR NEW SOURCE PERMITS

PERMIT

47553AIR NEW SOURCE PERMITS

ACCOUNT NUMBER

TA4116R

4545 CAMBRIDGE RD, FORT WORTH, TX, 76155

TCEQ Region:

REGION 04 - DFW METROPLEX

Date Compliance History Prepared:

May 12, 2010

Agency Decision Requiring Compliance History:

Enforcement

Compliance Period:

May 12, 2005 to May 12, 2010

TCEQ Staff Member to Contact for Additional Information Regarding this Compliance History

Name:

Terry Murphy

Phone:

(512) 239-5025

Site Compliance History Components

1. Has the site been In existence and/or operation for the full five year compliance period?

Yes

2. Has there been a (known) change in ownership/operator of the site during the compliance period?

Yes

3. If Yes, who is the current ownerloperator?

UM-Graphics Printing Ltd

4. if Yes, who was/were the prior owner(s}loperator(s) ?

The Imaging Bureau, Inc.

5. When did the change(s) in owner or operator occur?

Feb. 1, 2010

6.

Components (Multimedia) for the Site :

A.

Final Enforcement Orders, court judgements, and consent decrees of the state of Texas and the federal government.

Effective Date: 03/12/2009

ADMINORDER 2008-1024-AIR-E

Classification: Minor

Citation:

30 TAC Chapter 116, Subchapter B 116,115(c)5C THSC Chapter 382 382.085(b)

Rqmt Nov: Permit Condition #11 PERMITSpecial Condition #15 PERMIT

Special Condition #2 PERMITDescription: Failure to post required Information to physically identify all equipment that has a potential of emitting air poilutants.Operatinginstructions were not established and posted such that they are available for all thermal and catalytic oxidizer operators.

Classification: Moderate

Citation:

30 TAC Chapter 115, SubChapter E 115.442(1)(F)(ii)30 TAC Chapter 116, SubChapter B 116.115(c)

5C THSC Chapter 382 362.085(b)

Rqmt Prow Special Condition #26.A. PERMITSpecial Condition #5.B. PERMITSpecial Conditon #26.C. PERMIT

Description: Failure to use cleaning solutions with VOC content less that 70% and incorporate a proper towel handling program. Sponges, clothes,or towels that have been used for cleaning were not being stored In closed containers. Waste inks and solvents were not being stored in closedcontainers.


Citation:

30 TAC Chapter 116, SubChapter B 116.115(c)5C THSC Chapter 382 382.085(b)

Rqmt Prov: Special Condition #9 PERMITDescription: Failure to cease operation of the heatset press and dryer if the thermal oxidizer is not operating properly.


Citation:

30 TAC Chapter 115, SubChapter E 115.446(1)30 TAC Chapter 116, SubChapter B 116.115(c)

5C THSC Chapter 382 382.085(b)

Rqmt Prey: Special Condition #10 PERMITSpecial Condition #20 PERMIT

Description: Failed to equip the catalytic oxidizer with a continuous temperature recorder and calibrate the thermal oxidizer continuous temperature recorder


Citation:

30 TAC Chapter 116, SubChapter B 116.115(c)5C THSC Chapter 382 362.065(b)

RgmtProv: Special Condition #12 PERMITSpecial Condition #13 PERMIT

Special Condition #18 PERMITSpecial Condition #22 PERMIT

Description: Failure to perform required inspections. Monthly visual Inspections of the thermal oxidizer were not being performed. The temperature of thethermal oxidizer was not being verified twice per eight hour shift. Audio, visual, and olfactory inspections of the catalytic oxidizer were not being performed.Monthly external Inspections of the catalytic oxidizer, including the burner system assembly and the fuel supply lines, were not being performed.

Classtfication: Minor

Citation: 30 TAC Chapter 115, SubChapter E 115.446(7)30 TAC Chapter 116, SubChapter l3 116.115(c)5C THSC Chapter 382 382.085(b)

Rqmt Prov: Special Condition #25.C PERMITSpecial Condition #25.D. PERMIT

Special Condition #25.1, PERMITDescription: Failure to maintain complete records. Thermal oxidizer efficiency data and calculations of rolling 12 month emissions totals for VOCs and HAP5were not found In the records


Citation:

30 TAC Chapter 116, SubChapter B 116,115(c)5C THSC Chapter 382 382.085

Rqmt Prov: Special Condition #24(C)(1) PERMITDescription: Failure to submit proposed sampling methods lo the State within 30 days of reaching normal operating conditions of the printing press, dryer,and the catalytic oxidizer.

B. Any criminal convictions of the state of Texas and the federal government.

NIA

C. Chronic excessive emissions events.

NIA

D. The approval dates of Investigations. (CCEDS Inv. Track. No.)

NIA

E. Written notices of violations (NOV). (COEDS Inv. Track. No.)

NIA

F,

Environmental audits.

N/A

G. Type of environmental management systems (EMSs).

NIA

H. Voluntary on-site compliance assessment dates.

NIA

I. Participation in a voluntary pollution reduction program.

NIA

J. Early compliance.

NIA

Sites Outside of Texas

N/A

TEXAS COMMISSION ON ENVIRONMENTAL QUALITY

IN THE MATTER OF ANENFORCEMENT ACTIONCONCERNINGUNI-.GRAPHICS PRINTING, LTDDBA THE PRINTING BUREAURN100777648

BEFORE THE

TEXAS COMMISSION ON

ENVIRONMENTAL QUALITY

AGREED ORDERDOCKET NO. 2010-0824-AIR-E

I. JURISDICTION AND STIPULATIONS

At its agenda, the Texas Commission on Environmental Quality ("theCommission" or "TCEQ") considered this agreement of the parties, resolving an enforcement actionregarding Uni-Graphics Printing, Ltd dba The Printing Bureau ("the Respondent") under the authority ofTEx. HEALTH & SAFETY CODE ch. 382 and TEx. WATER CODE cli. 7. The Executive Director of theTCEQ, through the Enforcement Division, and the Respondent appear before the Commission andtogether stipulate that:

1.

The Respondent owns and operates a commercial printing plant at 4545 Cambridge Road in FortWorth, Tarrant County, Texas (the "Plant").

2.

The Plant consists of one or more sources as defined in TEx. HEALTH & SAFETY CODE

§ 382.003(12).

3.

The Commission and the Respondent agree that the Commission has jurisdiction to enter thisAgreed Order, and that the Respondent is subject to the Commission's jurisdiction.

4.

The Respondent received notice of the violations alleged in Section II ("Allegations") on or aboutApril 26, 2010.

5. The occurrence of any violation is in dispute and the entry of this Agreed Order shall notconstitute an admission by the Respondent of any violation alleged in Section II ("Allegations"),nor of any statute or rule.

Uni-Graphics Printing, Ltd dba The Printing BureauDOCKET NO. 2010-0824-AIR-EPage 2

An administrative penalty in the amount of Twenty-Two Thousand Two Hundred Forty-FiveDollars ($22,245) is assessed by the Commission in settlement of the violations alleged in SectionII ("Allegations"), The Respondent has paid Seventeen Thousand Seven Hundred Ninety-SixDollars ($17,796) of the administrative penalty and Four Thousand Four Hundred Forty-NineDollars ($4,449) is deferred contingent upon the Respondent's timely and satisfactory compliancewith all the terms of this Agreed Order. The deferred amount will be waived upon fullcompliance with the terms of this Agreed Order. If the Respondent fails to timely andsatisfactorily comply with all requirements of this Agreed Order, the Executive Director mayrequire the Respondent to pay all or part of the deferred penalty.

Any notice and procedures, which might otherwise be authorized or required in this action, arewaived in the interest of a more timely resolution of the matter.

8.

The Executive Director of the TCEQ and the Respondent have agreed on a settlement of thematters alleged in this enforcement action, subject to the approval of the Commission.

9.

The Executive Director recognizes that the Respondent has implemented the following correctivemeasures at the Plant:

a.

On March 3, 2010, hired an environmental consultant on an ongoing basis, in order toensure:

i. Timely sampling of the catalyst bed from the catalytic oxidizer and all of the add-on control systems are conducted;

ii. Timely submittal of proposed sampling methods for TCEQ approval;

iii. Pre-test meeting scheduling at least 45 days in advance of sampling; and

iv. Timely submittal of sampling reports.

b.

By March 19, 2010, established and began maintaining a record system to track hazardousair pollutant ("HAP") emissions; and

c.

On April 14, 2010, completed training designed to ensure that all waste inks, solvents, andcleanup rags/towels are properly handled and stored.

10. The Executive Director may, without further notice or hearing, refer this matter to the Office ofthe Attorney General of the State of Texas ("OAG") for further enforcement proceedings if theExecutive Director determines that the Respondent has not complied with one or more of theterms or conditions in this Agreed Order.

11.

This Agreed Order shall terminate five years from its effective date or upon compliance with allthe teens and conditions set forth in this Agreed Order, whichever is later.

12. The provisions of this Agreed Order are deemed severable and, if a court of competentjurisdiction or other appropriate authority deems any provision of this Agreed Orderunenforceable, the remaining provisions shall be valid and enforceable.


IL ALLEGATIONS

As owner and operator of the Plant, the Respondent is alleged to have:

1 Failed to ensure that all waste inks, solvents, and cleanup rags/towels were stored in closedcontainers, in violation of New Source Review ("NSR") Pennit No. 47553, Special Conditions("SC") 5.B., 26.A., and 26.C,, 30 TEx. ADMIN. CODE §§ 116.115(e) and I15.442(a)(l)(F)(ii), andTEX. HEALTH & SAFETY CODE § 382.085(b), as documented during an investigation conductedon February 22, 2010. Specifically, a container of waste solvent, a container of waste inks, and acontainer of cleanup rags were open to the air.

2. Failed to ensure that oxidizers were in proper operation at all times during the operation ofprinting presses, in violation of NSR Permit No. 47553, SC 3, 6, 9, 18, and 24.A., 30 TEX.

ADMIN. CODE § 116.115(c), and TEx. HEALTH & SAFETY CODE § 382.085(b), as documentedduring an investigation conducted on February 22, 2010. Specifically, emissions from the fullweb press, facility identification number ("FIN") Press 3, were required to be abated by thecatalytic oxidizer, but that oxidizer was shut down on December 17, 2008, and emissions fromPress 3, including visible emissions observed during the investigation, continued unabated untilFebruary 22, 2010, when Press 3 was shut down. In addition, emissions from the half web press,FIN Press 1, were required to be abated by the thermal oxidizer, but on September 23, 2008, thatoxidizer was shut off and emissions from Press I were improperly diverted to the catalyticoxidizer until December 17, 2008, when the catalytic oxidizer was shut down, and since then,emissions from Press 1 have gone unabated. Furthermore, the catalytic oxidizer, when tested onDecember 5, 2008, was found to have a destruction efficiency of 60.66%, while the requirementis 95%.

3. Failed to ensure that a representative core bed sample was removed from the catalytic oxidizerand submitted to a laboratory for catalyst activity testing by December 1 of each year, in violationof NSR Permit No. 47553, SC 23, 30 TEX. ADMIN. CODE § 116.115(c), and TEx. HEALTH &

SAFETY CODE § 382.085(b), as documented during an investigation conducted on February 22,2010. Specifically, no samples were submitted to a laboratory for catalyst activity testing for theyear 2009.

4. Failed to conduct a timely stack test of the catalytic oxidizer, in violation of NSR Permit No.47553, SC 24, 30 TEX. ADMIN. CODE § 116.115(c), and TEX. HEALTH & SAFETY CODE §

382.085(b), as documented during an investigation conducted on February 22, 2010.Specifically, the catalytic oxidizer was installed in January 2008, and one-time, initial stack testwas due within 180 days of that installation (by July 29, 2008), but did not occur until December5, 2008.

5. Failed to timely submit proposed stack sampling methods, in violation of NSR Permit No. 47553,SC 24.C.1., 30 TEX. ADMIN. CODE § 116.115(c), and TEX. HEALTH & SAFETY CODE §

382.085(b), as documented during an investigation conducted on February 22, 2010. Specifically,the Respondent was required to submit proposed stack sampling methods for the catalyticoxidizer within 30 days after it reached normal operating conditions in May 2008, but thosemethods were not submitted until September 5, 2008.

6. Failed to schedule a pretest meeting with the TCEQ Regional Office at least 45 days in advanceof the catalytic oxidizer stack sampling, in violation of NSR Permit No. 47553, SC 24.C.2., 30


TEX. ADMIN. CODE § 116,115(c), and TEX. HEALTH & SAFETY CODE § 382.085(b), asdocumented during an investigation conducted on February 22, 2010. Specifically, for theDecember 5, 2008 catalytic oxidizer stack sampling, the Respondent failed to schedule a pretestmeeting.

7. Failed to prepare and distribute the stack sampling report to the TCEQ within 30 days after thecompletion of sampling, in violation of NSR Permit No. 47553, SC 24.C.4., 30 TEX. ADMIN.

CODE § 116.115(c), and TEX. HEALTH & SAFETY CODE § 382.085(b), as documented during aninvestigation conducted on February 22, 2010. The catalytic oxidizer stack sampling wasperformed on December 5, 2008, making the sampling report due by January 4, 2009, but thereport was not submitted until February 2, 2009,

8. Failed to maintain a monthly record of individual and total HAP emissions in tons per year for theprevious rolling 12 months, in violation of NSR Permit No. 47553, SC 25.D., 30 TEX. ADMIN.

CODE § 116.115(c), and TEx. HEALTH & SAFETY CODE § 382.085(b), as documented during aninvestigation conducted on February 22, 2010,

III. DENIALS

The Respondent generally denies each allegation in Section II ("Allegations").

IV. ORDERING PROVISIONS

1. It is, therefore, ordered by the TCEQ that the Respondent pay an administrative penalty as setforth in Section I, Paragraph 6 above. The payment of this administrative penalty and theRespondent's compliance with all the terms and conditions set forth in this Agreed Order resolveonly the allegations in Section II, The Commission shall not be constrained in any manner fromrequiring corrective action or penalties for violations which are not raised here.. Administrativepenalty payments shall be made payable to "TCEQ" and shall be sent with the notation "Re: Uni-Graphics Printing, Ltd dba The Printing Bureau, Docket No. 2010-0824-AIR-E" to:

Financial Administration Division, Revenues SectionAttention: Cashier's Office, MC 214Texas Commission on Environmental QualityP.O. Box 13088Austin, Texas 78711-3088

2.

It is further ordered that the Respondent shall undertake the following technical requirements:

a.

Within 30 days after the effective date of this Agreed Order, either:

Complete repairs, replacements, and/or adjustments to the catalytic oxidizer (EPNEP-3) and/or the thermal oxidizer (EPN EP-1) designed to comply with therequirements of NSR Permit No. 47553, SC 3, 6, 9, 18, and 24.A.; orin the alternative

ii. Submit an administratively complete request to amend NSR Permit No. 47553, inorder to allow for alternative requirements related to one or both of the oxidizers'operations.

Uni-Graphics Printing, Ltd dba The Printing BureauDOCKET NO. 20 I 0-0824-AIR-EPage 5

b. In the event the Respondent elects to submit a request to amend NSR Permit No. 47553,respond completely and adequately, as determined by the TCEQ, to all requests forinformation concerning the amendment request within 30 days after the date of suchrequests, or by any other deadline specified in writing;

c. Within 45 days after the effective date of this Agreed Order, submit written certificationas described in Ordering Provision No. 2.e., and include detailed supportingdocumentation including photographs, receipts, and/or other records to demonstratecompliance with Ordering Provision No. 2.a.i. or

d. Within 180 days after the effective date of this Agreed Order, in the event the Respondentelects to submit a request to amend NSR Permit No, 47553, submit written certificationthat either authorization to construct and operate the Plant's catalytic oxidizerand/or thermal oxidizer has been obtained or that construction/operation has ceased untilsuch time that appropriate authorization is obtained; and

e. The certifications required by Ordering Provision Nos. 2.c. and 2.d. shall be notarized bya State of Texas Notary Public and include the following certification language:

"I certify under penalty of law that this document and all attachments were preparedunder my direction or supervision in accordance with a system designed to assure thatqualified personnel properly gather and evaluate the information submitted. Based on myinquiry of the person or persons who manage the system, or those persons directlyresponsible for gathering the information, the information submitted is, to the best of myknowledge and belief, true, accurate, and complete. I am aware that there are significantpenalties for submitting false information, including the possibility of fines andimprisonment for knowing violations."

The certifications shall be submitted to:

Order Compliance TeamEnforcement Division, MC 149ATexas Commission on Environmental QualityP.O. Box 13087Austin, Texas 78711-3087

with a copy to:

Air Section, ManagerDallas/Fort Worth Regional OfficeTexas Commission on Environmental Quality2309 Gravel DriveFort Worth, Texas 76118-6951

3. The provisions of this Agreed Order shall apply to and be binding upon the Respondent. TheRespondent is ordered to give notice of the Agreed Order to personnel who maintain day-to-daycontrol over the Plant operations referenced in this Agreed Order.

4.

If the Respondent fails to comply with any of the Ordering Provisions in this Agreed Order withinthe prescribed schedules, and that failure is caused solely by an act of God, war, strike, riot, or


other catastrophe, the Respondent's failure to comply is not a violation of this Agreed Order, TheRespondent shall have the burden of establishing to the Executive Director's satisfaction that suchan event has occurred. The Respondent shall notify the Executive Director within seven daysafter the Respondent becomes aware of a delaying event and shall take all reasonable measures tomitigate and minimize any delay.

5. The Executive Director may grant an extension of any deadline in this Agreed Order or in anyplan, report, or other document submitted pursuant to this Agreed Order, upon a written andsubstantiated showing of good cause, All requests for extensions by the Respondent shall bemade in writing to the Executive Director. Extensions are not effective until the Respondentreceives written approval from the Executive Director. The determination of what constitutesgood cause rests solely with the Executive Director,

6,

This Agreed Order, issued by the Commission, shall not be admissible against the Respondent ina civil proceeding, unless the proceeding is brought by the OAG to: (1) enforce the terms of thisAgreed Order; or (2) pursue violations of a statute within the Commission's jurisdiction, or of arule adopted or an order or permit issued by the Commission under such a statute.

7. This Agreed Order may be executed in multiple counterparts, which together shall constitute asingle original instrument. Any executed signature page to this Agreed Order may be transmittedby facsimile transmission to the other parties, which shall constitute an original signature for allpurposes under this Agreed Order.

8. Under 30 TEX. ADMIN. CODE § 70.10(b), the effective date is the date of hand-delivery of theOrder to the Respondent, or three days after the date on which the Commission mails notice of theOrder to the Respondent, whichever is earlier, The Chief Clerk shall provide a copy of thisAgreed Order to each of the parties.

Uni-Graphics Printing, Ltd dba The Printing BureauDOCKET NO. 20 I0-0824-AIR-EPage 7

SIGNATURE PAGE

TEXAS COMMISSION ON ENVIRONMENTAL QUALITY

For the Commission

9)22)2DiO

I, the undersigned, have read and understand the attached Agreed Order. I am authorized to agree to theattached Agreed Order on behalf of the entity indicated below my signature, and I do agree to the termsand conditions specified therein. I further acknowledge that the TCEQ, in accepting payment for thepenalty amount, is materially relying on such representation.

I also understand that failure to comply with the Ordering Provisions, if any, in this order and/or failure totimely pay the penalty amount, may result in:• A negative impact on compliance history;• Greater scrutiny of any permit applications submitted;• Referral of this case to the Attorney General's Office for contempt, injunctive relief, additional

penalties, and/or attorney fees, or to a collection agency;• Increased penalties in any future enforcement actions;▪ Automatic referral to the Attorney General's Office of any future enforcement actions; and• TCEQ seeking other relief as authorized by law.In addition, any falsific '•^ f any compliance documents may result in criminal prosecution.

s/c8/001 oSignatu

Date

Sv,av,)n (EOName (Printed or typed)

TitleAuthorized Representative ofUni-Graphics Printing, Ltd dba The Printing Bureau

Instructions: Send the original, signed Agreed Order with penalty payment to the Financial Administration Division, RevenuesSection at the address in Section IV, Paragraph 1 of this Agreed Order.

docket no.: 2010-0824--air-e name: uni-graphics printing

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