Case No. 2017-24670-A





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.




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 October 3, 2018 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



5.             During an investigation conducted by a representative of IDEM, the following violations were found:


a.       Pursuant to Part 70 Permit No. 145-33858-00001 (“Permit”), issued to Respondent on July 25, 2014, Condition C.2, Respondent shall not allow the opacity to exceed an average of forty percent (40%) in any one (1) six (6) minute averaging period.

On January 27, 2016, August 22, 2016, December 13, 2016, May 11, 2017, September 3, 2017, and January 30, 2018, Respondent had oven and ductwork fires that caused the opacity to exceed an average of forty percent (40%) in at least one (1) six (6) minute averaging period each day, in violation of Permit Condition C.2.

b.       Pursuant to Permit condition D.5.12(c), Respondent is required to operate the 614 Curing/Cooling Line Regenerative Thermal Oxidizer (RTO) at or above the 3-hour average temperature as observed during the most recent compliant stack test.


Respondent allowed the 614 Curing/Cooling Line RTO to operate below the 3-hour average temperature as observed during the most recent compliant stack test for twenty-nine (29) minutes on December 31, 2015, in violation of  Permit condition and D.5.12(c).


c.        Pursuant to 326 IAC 2-7-10.5 and 326 IAC 2-7-12, Respondent shall submit an application for operational modifications that provides all reasonable information needed to evaluate the compliance of the source with all permit terms and conditions, including the nature and amount of any pollutant to be emitted, including a proper estimate of the potential to emit of the pollutants.


Respondent operated without a permit that accurately reflected potential and actual Carbon Monoxide (CO) emissions. Emissions testing on February 15, 2017 to determine the Particulate Matter (PM) and CO emissions of Line 614 while bypassing the RTO showed the CO emissions of Line 614 were 32 pounds per hour within the first hour of testing. This was in excess of the 13.27 pounds per hour while bypassing the RTO which was provided in the permit application dated December 25, 2009, in violation of 326 IAC 2-7-10.5 and 326 IAC 2-7-12.


d.       Pursuant to Part 70 Permit No. 145-39089-00001 (“Permit”), issued to Respondent on April 13, 2018, Conditions D.1.3(a) and D.1.9(b), Respondent shall control the PM and PM10 emissions from the glass melting furnace designated the 602B FURNACE by a baghouse with an overall control efficiency of ninety-nine percent (99%) or more, except during the time periods specified in the Best Available Control Technologies (BACT) requirements for startup and shutdown.


Respondent allowed the 602B FURNACE stack caps open intermittently during a three (3) hour period, bypassing the baghouse on May 27, 2018, in violation of Permit Conditions D.1.3(a) and D.1.9(b).


6.             Respondent has added equipment, including thermocouples, deluge sprinklers, additional water lines and temperature probes to the ductwork to prevent further stack fires.


7.             Respondent has updated their processes to manually check the stack caps and close them as needed.


8.             Respondent conducted stack testing on multiple days during November and December 2018 to characterize emissions from Lines 613 and 614 under various operational scenarios.


9.             Orders of the Commissioner are subject to administrative review by the Office of Environmental Adjudication under IC 4-21.5; however, in recognition of the settlement reached, Respondent acknowledges notice of this right and 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 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, and permit conditions listed in the findings above at issue.


3.             Within 60 days of the Effective Date, Respondent shall submit a permit and source modification application to accurately account for the worst case potential CO emissions from Lines 613 and 614 based on all available information. The application shall require that at least one RTO, either Line 613’s RTO or Line 614’s RTO, be in operation to control CO emissions when either or both of Lines 613 or 614 are in operation.


4.             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


5.             Respondent is assessed and agrees to pay a civil penalty of Seventy-Four Thousand Sixty Two Dollars and Fifty Cents ($74,062.50).  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”.


6.             In the event the terms and conditions of the following paragraphs are violated, Complainant may assess and Respondent shall pay a stipulated penalty in the following amount:




Stipulated Penalty


   Failure to submit application.

        $500.00 per week


7.             Stipulated penalties shall be due and payable no later than the 30th day after Respondent receives written notice that Complainant has determined a stipulated penalty is due; the 30th day being the “Due Date”.  Complainant may notify Respondent at any time that a stipulated penalty is due.  Failure to notify Respondent in writing in a timely manner of a stipulated penalty assessment shall not waive Complainant’s right to collect such stipulated penalty or preclude Complainant from seeking additional relief against Respondent for violation of this Agreed Order.  Neither assessment nor payment of stipulated penalties shall preclude Complainant from seeking additional relief against Respondent for a violation of this Agreed Order; such additional relief includes any remedies or sanctions available pursuant to Indiana law, including, but not limited to, civil penalties pursuant to IC 13-30-4.


8.             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:


IDEM Accounts Receivable

IGCN, Rm 1340

100 N Senate Ave

Indianapolis, IN  46204


9.             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 represent.  No change in ownership, corporate, or partnership status of Respondent shall in any way alter its status or responsibilities under this Agreed Order.


10.          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 8, above.


11.          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.


12.          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.


13.          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.


14.          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.


15.          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.


16.          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.


17.          This Agreed Order shall remain in effect until IDEM issues a Resolution of Case letter to Respondent.






Department of Environmental Management


Knauf Insulation, Inc.










David P. McIver, Chief





Enforcement Section





Office of Air Quality
























































, 2019.



For the Commissioner




Signed on November 15, 2019


Matthew Stuckey, Deputy Assistant Commissioner


Office of Air Quality


Indiana Department of Environmental Management