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STATE OF
INDIANA |
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BEFORE THE
INDIANA DEPARTMENT |
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COMMISSIONER
OF THE DEPARTMENT Complainant, v. THERMAFIBER,
INC. – WABASH PLANT, 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 Thermafiber, Inc. – Wabash Plant
(“Respondent”), which owns and operates the facility with Plant ID No. 169-00009,
located at 3711 Mill St in Wabash, Wabash 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 11, 2008, via Certified Mail to:
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Carmelo
Carrubba, President |
C
T Corporation System, Registered Agent |
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Thermafiber,
Inc. – Wabash Plant |
150
West Market St, Suite 800 |
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One
Owens Corning Parkway |
Indianapolis,
IN 46204 |
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Toledo,
OH 43659 |
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5.
Respondent owns and operates a stationary
mineral wool manufacturer.
6.
During an investigation conducted by a
representative of IDEM, the following violations were found:
a. Pursuant to Part 70 Permit
169-31618-00009, issued June 25, 2013 (“Permit”), Conditions D.1.9(a) and
D.1.13(a), Respondent shall observe and record the Visible Emissions for the
Blowchambers once per day.
Respondent failed to observe or record
the Daily Visible Emissions for the #4 Blowchamber, identified as EU-P6, for
two (2) days in 2017, in violation of Permit, Conditions D.1.9(a) and D.1.13(a).
b. Pursuant to Permit, Conditions D.1.9(a)
and D.1.13(a), Respondent shall observe and record the Visible Emissions for
the #2 Line Cooling Section once per day.
Respondent failed to observe or record
the Daily Visible Emissions for the #2 Line Cooling Section for six (6) days in
2016 and one (1) day in 2017, in violation of Permit, Conditions D.1.9(a) and
D.1.13(a).
c. Pursuant to Permit, Condition D.1.10(a),
when the #2 Trimming/Sizing baghouse Pressure Drop Reading is outside the range
established during the latest stack test, Respondent shall take reasonable
response steps.
Respondent failed to take reasonable
response steps when the #2 Trimming/Sizing baghouse Pressure Drop Reading was
below the range established during the latest stack test for four (4) days in
2017, in violation of Permit, Condition D.1.10(a).
d.
Pursuant to Permit, Condition D.1.10(b), when
the Cupola #4 caustic injection rate is outside the range established during
the latest stack test, Respondent shall take reasonable response steps.
Respondent operated the Cupola #4
caustic injection rate at approximately 65 lb/hr, which was below the 102 lb/hr
injection rate established in during stack testing, from March of 2016 until January
of 2017, in violation of Permit, Condition D.1.10(b).
e.
Pursuant to Permit, Conditions D.1.12(a) and
D.1.13(d), Respondent shall conduct and record observations regarding the state
of the Blowchamber dry media filters and the particulate matter from the stacks
once per week.
Respondent failed to record the
observations regarding the state of the Blowchamber dry media filters and the
particulate matter from the stacks in December of 2016 and May of 2017, in
violation of Permit, Conditions D.1.12(a) and D.1.13(d).
f. Pursuant to Permit, Condition E.1.2 and
40 CFR 63.1197, Respondent shall record the start-ups and shut downs for the
Cupola #2 and Cupola #4 and the curing ovens.
Respondent failed to record the
start-ups and shut downs for the Cupola #2 two (2) times in 2016 and two (2)
times in the first half of 2017, Cupola #4 four (4) times in 2016 and three (3)
times in the first half of 2017, and the curing ovens eighteen (18) times in
2016 and one (1) time in the first half of 2017, in violation of Permit,
Condition E.1.2 and 40 CFR 63.1197.
g. Pursuant to Permit, Condition E.1.2 and
40 CFR 63.1179, Respondent shall operate the Line 2 curing oven Regenerative
Thermal Oxidizer (“RTO”) where the average operating temperature for each
three-hour block period never falls below the average temperature established
during the most recent valid performance test, or Respondent shall take
reasonable response steps.
Respondent operated the Line 2 curing
oven RTO at approximately 1350° F for most of 2016 and sixteen (16) days in
2017, which is below the average temperature of 1369° F demonstrated in the
January 12, 2016 stack test, in violation of Permit, Condition E.1.2 and 40 CFR
63.1179.
h. Pursuant to Permit, Condition E.1.2 and
40 CFR 63.1179, Respondent shall operate the Line 2 curing oven RTO where the
average operating temperature for each three-hour block period never falls
below the average temperature established during the most recent valid
performance test.
Respondent failed to operate the Line 2
curing oven RTO for 13.72 hours in 2016
and 8.27 hours in the first half of 2017, while the Line #2 curing oven was
in operation, in violation of Permit, Condition E.1.2 and 40 CFR 63.1179.
7.
Respondent has implemented additional training
regarding new caustic injection rate set points. It has also required
monitoring and assessing the possible environmental impact of special projects.
Respondent has switched to electronic check sheets for monitoring and tracking
response steps, and re-checking caustic injection rate and RTO temperature set
points after stack tests. Additionally Respondent has relocated copper tubing
on the RTO to address a pressure sensor issue that was causing the burners to
turn off.
8.
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, and permit
conditions listed in the findings above at issue.
3.
Within thirty (30) days of the Effective Date,
Respondent shall submit documentation that it
has revised its procedures to ensure that the semi-annual reports
required pursuant to 40 CFR 63.1193 include all the relevant records as required
by 40 CFR 63.1192(b) including the dates and times of any period where the temperature
falls below the average temperature established during the performance test,
the corrective actions and when they were initiated and the date and time the
problem was corrected.
4.
All submittals required by this Agreed Order,
unless Respondent is notified otherwise in writing by IDEM, shall be sent to:
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Lisa Hayhurst, Enforcement Case Manager |
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Compliance and Enforcement Branch –
Mail Code 61-53 |
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Indiana Department of Environmental
Management |
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100 North Senate Avenue |
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Indianapolis, IN 46204-2251 |
5.
Respondent is assessed and agrees to pay a
civil penalty of Ninety Nine Thousand Dollars ($99,000.00). Within thirty (30) days of the Effective Date
of the Agreed Order, Respondent shall pay a portion of this penalty in the
amount of Twenty Four Thousand Seven Hundred Fifty Dollars ($24,750.00). 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”.
6.
In lieu of payment to IDEM of the remaining
civil penalty, Respondent shall make a cash payment of Seventy Four Thousand
Two Hundred Fifty Dollars ($74,250.00) to the Wabash River Defenders, Inc. to
fund a Supplemental Environmental Project (“SEP”) for activities related to the
restoration and protection of the Wabash River. Respondent shall make such
payment to the Wabash River Defenders, Inc. within thirty (30) days of the
Effective Date of this Agreed Order. Payment to the Wabash River Defenders,
Inc. satisfies Respondent’s obligation to undertake a SEP to offset a portion
of the civil penalty assessed in this matter.
7.
Implementation of this SEP will benefit Indiana
communities by promoting education and outreach regarding the protection and
preservation of the Wabash River and its watershed.
8.
The SEP proceeds will be spent on initiatives, education
and community outreach with the goal of improving the water quality, natural
resources, and ecosystems of the Wabash River watershed that flows through
Wabash County.
9.
In the event that Respondent does not make its
SEP payment within thirty (30) days of the Effective Date of this Agreed Order,
the full amount of the civil penalty as stated in this paragraph, plus interest
established by IC 24-4.6-1-101 on the remaining amount, less the portion of the
civil penalty Respondent has already paid, will be due to IDEM within fifteen
(15) days from Respondent’s receipt of IDEM’s notice to pay. Interest, at the
rate established by IC 24-4.6-1-101, shall be calculated on the amount due from
the date which is thirty (30) days after the Effective Date of this Agreed
Order until the full civil penalty is paid.
10.
Payment for the SEP is payable by check to the
“Wabash River Defenders, Inc.” The text “SEP – Wabash River Defenders” and the
Case Number of this action shall be included in the memo line of the check The
check shall be mailed to:
Wabash River Defenders
C/O Wabash County United Fund
P.O. Box 2
Wabash, IN 46992
11.
Respondent shall provide Complainant with
documentation of payment to the Wabash River Defenders, Inc. within one (1)
week of such payment.
12.
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:
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Paragraph |
Violation |
Stipulated Penalty |
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3 |
Failure to
submit documentation regarding revising its procedures to include all 40
CFR63.1192(b) information in the
semi-annual reports as outlined in Paragraph 3, above. |
$100.00
per week |
13.
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.
14.
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:
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IDEM
Office of Legal Counsel |
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IGCN,
Rm N1307 |
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100
N Senate Ave |
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Indianapolis,
IN 46204 |
15.
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 their status or
responsibilities under this Agreed Order.
16.
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 14, above.
17.
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.
18.
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.
19.
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 permits or any applicable Federal or State law
or regulation.
20.
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.
21.
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.
22.
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.
23.
This Agreed Order shall remain in until IDEM
issues a Resolution of Case letter to Respondent.
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TECHNICAL
RECOMMENDATION: |
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RESPONDENT: |
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Department
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Thermafiber, Inc – Wabash Plant |
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David
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Enforcement
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Office
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COUNSEL
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Date: |
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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 December 5, 2018 |
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Matthew
Stuckey, Deputy Assistant Commissioner |
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Office
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Indiana
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