STATE OF
INDIANA |
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BEFORE THE
INDIANA DEPARTMENT |
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COMMISSIONER
OF THE DEPARTMENT Complainant, v. KNAUF
INSULATION, INC, Respondent. |
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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 Knauf
Insulation, Inc (“Respondent”), which owns and
operates a fiberglass manufacturing facility with the Plant ID No. 145-00001,
located at 400 East Walker Street, in Shelbyville, Shelby 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”) on September 21, 2017 via Certified Mail to the following individuals:
Mark
Andrews, CEO |
CT
Corporation System, Registered Agent |
Knauf Insulation, Inc |
150
W Market St, STE 800 |
One
Knauf Dr |
Indianapolis,
IN 46204 |
Shelbyville,
IN 46176 |
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5.
During an investigation conducted by a
representative of IDEM, the following violations were found:
a. Pursuant to 40 CFR 60, Subpart PPP, Respondent
shall operate its Wet Electrostatic Precipitators (“WESP”) such that the
primary amperes readings for the WESP be within the range established in the
most recent stack test or that the Respondent performs corrective maintenance
to return the control to that established range.
On April 20, 2015, Respondent allowed the primary amperes readings for the WESP
to operate outside the range established in the most recent stack test and the
Respondent failed to perform corrective maintenance to return the control to
the established range, in violation of 40 CFR 60, Subpart PPP.
b. Pursuant to 40 CFR 63, Subpart NNN and
Part 70 Permit No. 145-23151-00001 (“Permit”), issued to Respondent on September
1, 2006, condition D.1.8(a), Respondent shall operate the PM/PM10 dust
collector controlling the melt furnace baghouse to be in operation at all times
the 602B FURNACE melt furnace is in operation.
Respondent failed to operate the PM/PM10
melt furnace baghouse controlling the associated 602B FURNACE melt furnace during
the initial melt furnace startup in 2007, in violation of 40 CFR 63, Subpart
NNN and Permit condition D.1.8(a).
c. Pursuant to 40 CFR 63, Subpart NNN and
Part 70 Permit No. 145-28835-00001 (“Permit”), issued to Respondent on August
2, 2010, condition D.1.8(a), Respondent shall operate the PM/PM10 dust collector
controlling the melt furnace baghouse to be in operation at all times the 602B
FURNACE melt furnace is in operation.
Respondent failed to operate the PM/PM10
melt furnace baghouse controlling the associated 602B FURNACE melt furnace during
the shut-down and startup associated with the furnace rebuild in 2014, in
violation of 40 CFR 63, Subpart NNN and Permit condition D.1.8(a).
d. Pursuant to 40 CFR 63, Subpart NNN and Part
70 Permit No. 145-23151-00001 (“Permit”), issued to Respondent on September 1,
2006 condition D.4.6, Respondent shall operate the PM/PM10 dust collector
controlling the melt furnace baghouse to be in operation at all times the FURN
611 melt furnace is in operation.
Respondent failed to operate the PM/PM10
melt furnace baghouse controlling the associated FURN 611 melt furnace during
the initial melt furnace startup in 2007, in violation of 40 CFR 63, Subpart
NNN and Permit condition D.4.6
e. Pursuant to 40 CFR 63, Subpart NNN and Part
70 Permit No. 145-28835-00001 (“Permit”), issued to Respondent on August 2,
2010, condition D.4.6, Respondent shall operate the PM/PM10 dust collector
controlling the melt furnace baghouse to be in operation at all times the FURN
611 melt furnace is in operation.
Respondent failed to operate the PM/PM10
melt furnace baghouse controlling the associated FURN 611 melt furnace during
the shutdowns and startups associated with the furnace rebuild in 2012, in
violation of 40 CFR 63, Subpart NNN and Permit condition D.4.6.
f. Pursuant to 40 CFR 63, Subpart NNN and Part
70 Permit No. 145-33858-00001 (“Permit”), issued to Respondent on July 25,
2014, condition D.4.6, Respondent shall operate the PM/PM10 dust collector
controlling the melt furnace baghouse to be in operation at all times the FURN
611 melt furnace is in operation.
Respondent failed to operate the PM/PM10
melt furnace baghouse controlling the associated FURN 611 melt furnace during
the shutdown and startup associated with the furnace rebuild in 2016, in
violation of 40 CFR 63, Subpart NNN and Permit condition D.4.6.
6.
An application requesting a permit revision for
alternative monitoring for the WESP and melt oven startup/shutdown activities
was received by IDEM on August 15, 2017. On March 28, 2018 IDEM issued Part 70
Significant Source Modification 145-38916-00001 which now addresses the
operation of the Wet Electrostatic Precipitator and the startup/shutdown
pursuant to 40 CFR 63, Subpart NNN.
7.
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 the permit
conditions listed in the findings above at issue.
3.
All submittals required by this Agreed Order,
unless Respondent is notified otherwise in writing by IDEM, shall be sent to:
Lisa Hayhurst, 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 |
4.
Respondent is assessed and agrees to pay a
civil penalty of Eighteen Thousand Three Hundred Seventy Five Dollars ($18,375.00). 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”.
5.
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 |
6.
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 represents. No change in ownership, corporate, or
partnership status of Respondents shall in any way alter its status or
responsibilities under this Agreed Order.
7.
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 5, above.
8.
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.
9.
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.
10.
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 permits or any applicable Federal or State law or regulation.
11.
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.
12.
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.
13.
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.
14.
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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Knauf
Insulation,
Inc |
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By: |
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By: |
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David
P. McIver, Chief |
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Printed: |
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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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2018. |
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For
the Commissioner |
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Signed
on May 24, 2018 |
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Matthew
Stuckey, Deputy Assistant Commissioner |
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Office
of Air Quality |
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Indiana
Department of Environmental Management |
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