STATE OF
INDIANA |
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BEFORE THE
INDIANA DEPARTMENT |
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COMMISSIONER
OF THE DEPARTMENT Complainant, v. JOHNS
MANVILLE, INC., Respondent. |
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2014-22685-A |
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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 Johns Manville, Inc. (“Respondent”), which owns/operates the facility with Plant
ID No. 177-00006, located at 814 Richmond Avenue in Richmond, Wayne 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 Notices of Violation (“NOV”) on December 18, 2014
and December 23, 2014 to the following.
M.K.
Rhinehart, President Johns
Manville, Inc. 717
17th Street Denver,
CO 80202 |
The
Prentice-Hall Corporation System, Inc. Registered Agent 251
E. Ohio Street Suite 500 Indianapolis,
IN 46204 |
5.
During
an investigation conducted by a representative of IDEM, the following violations
were found:
a)
Pursuant
to Part 70 Permit No. 177-28547-00006 Condition D.2.1, PM10 emissions from the
Electric Melter shall not exceed 0.32 pounds per hour.
During
stack testing of the Electric Melter conducted on
January 29, 2013, PM10 emissions were measured at a rate of 0.71 pounds per
hour, in violation of Permit Condition D.2.1.
b)
Pursuant
to Part 70 Permit No. 177-28547-00006 Condition D.3.6, Permittee shall repeat PM/PM10,
VOC, and CO performance testing on one of the Forming and Collection Modules every
five (5) years from the most recent valid compliance demonstration.
Respondent
failed to conduct VOC and CO stack testing on one of the Forming and Collection
Modules within five (5) years of the most recent valid compliance demonstration
dated January 30, 2008, in violation of Permit Condition D.3.6.
c)
Pursuant
to Part 70 Permit No. 177-31639-00006 Condition D.2.5, dust collector for PM
and PM10 control shall be in operation at all times the Electric Melter is in operation.
Respondent
failed to operate the PM/PM10 dust collector controlling the associated
Electric Melter for a thirty (30) minute period on
May 20, 2014 during a cold start-up of the Electric Melter,
in violation of Permit Condition D.2.5.
6.
Stack
testing was conducted on March 15, 2013 for the Electric Melter
in which the PM10 emissions were measured at 0.09 pounds per hour in compliance
with the associated permit limit.
7.
Respondent
conducted the required VOC and CO stack testing on the one of the Forming and
Collection Modules on July 17, 2014 and the emissions were measured in
compliance with associated permit limits.
8.
Part
70 Permit Modification No. 177-35619-00006 issued January 15, 2016 including
the Alternative Operating Scenario (AOS) under Condition D.2.6. The AOS states that during the Electric Melter startup, the baghouse fan may remain off to prevent
the temperature in the baghouse from exceeding the maximum operating
temperature until the batch cover is sufficient to reduce temperature above the
glass line for safe startup of the baghouse.
9.
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 listed in
the findings here and/or above at issue.
3.
Within
90 days of the effective date of this Agreed Order, the Respondent shall either
submit a permit application to address the use of cullet as a raw material to
the Melter while meeting applicable PM10 emission
limits for the Melter or conduct a stack test to
demonstrate compliance with applicable PM10 emission limits for the Melter at the maximum emission potential of the Melter at the current maximum permitted percentage of
cullet in the raw material stream.
4.
Respondent
shall not exceed the cullet percentages in which the Melter
operated during the compliance demonstration on March 15, 2013 until such time
that a permit is issued pursuant to the application referenced in the preceding
paragraph or a new stack test is successfully conducted under the conditions
referenced in the preceding paragraph.
5.
All submittals required by this Agreed Order,
unless Respondent is notified otherwise in writing by IDEM, shall be sent to:
Rebecca
Hayes, Compliance and Enforcement Manager |
Compliance
and Enforcement Branch – Mail Code 61-53 |
Indiana
Department of Environmental Management |
100
North Senate Avenue |
Indianapolis,
IN 46204-2251 |
6.
Respondent
is assessed and agrees to pay a civil penalty of Twenty Six Thousand Two Hundred
and Fifty Dollars ($26,250). 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”.
7.
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 |
8.
This
Agreed Order shall apply to and be binding upon Respondents 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 their status or responsibilities
under this Agreed Order.
9.
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 7, above.
10.
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.
11.
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.
12.
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 their
obligation to comply with the requirements of their applicable permit or any
applicable Federal or State law or regulation.
13.
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.
14.
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.
15.
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.
16.
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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Johns
Manville, Inc. |
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By: |
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By: |
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Janusz Johnson, Chief |
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Printed: |
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Compliance
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Office
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COUNSEL
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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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2016. |
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For
the Commissioner |
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Signed
on May 24, 2016 |
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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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