STATE OF INDIANA ) BEFORE THE INDIANA DEPARTMENT
) SS: OF ENVIRONMENTAL MANAGEMENT
COUNTY OF MARION )
COMMISSIONER OF THE DEPARTMENT )
OF ENVIRONMENTAL MANAGEMENT, )
vs. ) Case No. 2001-10153-A
JOHNS MANVILLE INTERNATIONAL, INC., )
The Complainant and the 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.
I. FINDINGS OF FACT
1. Complainant is the Commissioner (AComplainant@) of the Indiana Department of Environmental Management, a department of the State of Indiana created by IC 13-13-1-1.
2. Respondent is Johns Manville International, Inc. (ARespondent@), which owns and operates a wool fiberglass insulation manufacturing plant located at 814 Richmond Avenue, Richmond, Wayne County, Indiana (ASite@).
3. The Indiana Department of Environmental Management (AIDEM@) has jurisdiction over the parties and the subject matter of this action.
4. Pursuant to IC 13-30-3-3, on June 1, 2001, IDEM issued a Notice of Violation via Certified Mail to:
Mr. C. L. Henry, President The Prentice-Hall Corporation System, Inc.
Johns Manville International, Inc. 251 East Ohio Street, Suite 500
717 17th Street Indianapolis, Indiana 46204
Denver, Colorado, 80202
5. A compliance test for Line 2 and Line 3 Melt Furnace was conducted on September 29, 2000, at the Site by a representative of IDEM=s Office of Air Quality (OAQ). Line 2 and Line 3 Melt Furnace exhaust through Stack S5. The following violations were in existence or observed at the time of this compliance test:
a. Pursuant to 326 IAC 2-2, any source implementing a modification at one of the major stationary sources listed under 326 IAC 2-2-1(p) which is located in an attainment or unclassifiable area as designated in 326 IAC 1-4, and which would result in a net emissions increase of actual or potential emissions that would equal or exceed one hundred (100) tons per year for carbon monoxide (CO), forty (40) tons per year for volatile organic compounds (VOCs), oxides of nitrogen (NOx), and sulfur dioxide (SO2), or more than twenty-five (25) or fifteen (15) tons per year for particulate matter (PM) and particulate matter of less than ten (10) microns (PM10), respectively, shall apply best available control technology (BACT). In order to avoid the requirements of 326 IAC 2-2, a limit of 6.82 ponds per hour total NOx emissions for Line 2 and Line 3 Melt Furnace was established in Permit Condition D.2.1(d) of the Construction Permit CP-177-5873-00006. The A compliance test showed total NOx emissions of 10.74 pounds per hour, a violation of Permit Condition D.2.1(d) ) of the Construction Permit CP-177-5873-00006..
b. Pursuant to Permit condition D.2.1(a) of the Construction Permit CP-177-5873-00006, Line 2 and Line 3 Melt Furnace each have an allowable PM/PM10 emission limit of 0.25 pounds per ton of glass pulled. The A compliance test showed an average PM/PM10 emissions of 0.47 pounds per ton of glass pulled, a violation of Construction Permit CP-177-5873-00006 Condition D.2.1(a)..
6. On January 25, 2001, the Respondent conducted and passed a second compliance test of the Line 2 and Line 3 Melt Furnace and obtained PM/PM-10 emissions (average) of 0.216 pounds per ton of glass pulled and NOx emissions (average) of 6.10 pounds per hour.. This test demonstrated that the Line 2 and the Line 3 Melt Furnace were in compliance.
7. In recognition of the settlement reached, Respondent waives any right to administrative and judicial review of this Agreed Order.
1. This Agreed Order shall be effective ("Effective Date") when it is approved by the Complainant or her delegate, and has been received by the Respondent. This Agreed Order shall have no force or effect until the Effective Date.
2. Respondent shall comply with all requirements of the Construction Permit CP 177-5873-00006. Permit condition D.2.1(a) and D.2.1(d) of the Construction Permit CP-177-5873-00006 by conducting a annual NOx and PM/PM-10 compliance test on the Line 2 and Line 3 Melt Furnace. A compliance test is to be conducted annually until 2003.
3. Respondent shall perform annual emissions tests, during the second quarter of each calendar year, on the Line 2 and Line 3 Melt Furnace, for NOx and PM/PM-10, to demonstrate compliance with applicable permit conditions. These tests shall be conducted annually in 2002 and 2003 in accordance with the requirements of 326 IAC 3-6, Source Sampling Procedures.
43. Respondent is assessed a civil penalty of Twenty Nine Thousand Dollars ($29,000). Said penalty amount shall be due and payable to the Environmental Management Special Fund within 30 days of the Effective Date of this Agreed Order.
56. Civil and stipulated 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:
100 N. Senate Avenue
P. O. Box 7060
Indianapolis, IN 46207-7060
67. In the event that the civil penalty required by Order paragraph 42, is not paid within thirty (30) days of the Effective Date of this Agreed Order, Respondent shall pay interest on the unpaid balance at the rate established by IC 24-4.6-1-101. The interest shall continue to accrue until the civil penalty is paid in full.
78. This Agreed Order shall apply to and be binding upon the Respondent, its successors and assigns. The Respondent's signatories to this Agreed Order certify that they are fully authorized to execute this document and legally bind the parties they represent. No change in ownership, corporate, or partnership status of the Respondent shall in any way alter its status or responsibilities under this Agreed Order.
89. In the event that any terms of the 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 the Agreed Order did not contain the invalid terms.
910. The 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.
101. This Agreed Order shall remain in effect until the Respondent has completely paid the total penalty and any interest due as specified in this Agreed Order and performed the emission test as required in 2002 and 2003.
TECHNICAL RECOMMENDATION: RESPONDENT:
Department of Environmental Management Johns Manville International, Inc.
By: _________________________ By: _________________________
David P. McIver
Chief, Air Section Printed: ______________________
Office of Enforcement
Date: ________________________ Date: ________________________
COUNSEL FOR COMPLAINANT: COUNSEL FOR RESPONDENT:
Department of Environmental Management
By: _________________________ By: ________________________
Jay Rodia, Attorney
Office of Legal Counsel
Department of Environmental Management
Date: _______________________ Date: ______________________
APPROVED AND ADOPTED BY THE INDIANA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT THIS _____ DAY OF ____________________, 20021.
For the Commissioner:
Felicia A. Robinson
for Legal Affairs