STATE OF INDIANA		)	SS:	BEFORE THE INDIANA DEPARTMENT OF
		)
COUNTY OF MARION		)		ENVIRONMENTAL MANAGEMENT
COMMISSIONER OF THE DEPARTMENT					)
OF ENVIRONMENTAL MANAGEMENT,					)
					)
Complainant,					)
					)
	v.				)	Case Nos. 2022-28444-A
					)	2022-28538-A
JOHNS MANVILLE, INC.,					)
					)
Respondent.					)

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 Indiana Code (“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 IC 13-13-1-1.

2. Respondent is Johns Manville, Inc. (“Respondent”), which owns and operates a stationary fiberglass insulation manufacturing plant 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 a Notice of Violation (“NOV”) in conjunction with this Agreed Order via Electronic Mail to:

Robert Wamboldt, CEO The Prentice-Hall Corporation System, Inc.,

Johns Manville, Inc. Registered Agent

717 17th Street Johns Manville, Inc.

Denver, Colorado 80202 135 N. Pennsylvania Ave. Suite 1610

Robert.Wamboldt@jm.com Indianapolis, IN 46204

sop@cscglobal.com

5. During an investigation including report reviews and an inspection on February 16, 2022 conducted by a representative of IDEM, the following violations were found:

Based on the Enforcement Action Letter dated January 31, 2022, case no. 2022-28444-A contains the following violations:

a. Pursuant to Part 70 Operating Permit No. 177-40888-00006 (“Permit 40888”) Condition D.3.4, in order to assure compliance with Conditions D.3.1 and D.3.2, the baghouses for shredding and packaging facilities shall be in operation and control emissions at all times the shredding and packaging facilities are in operation.

Pursuant to Permit 40888 Condition D.3.7(a), for a single compartment baghouse controlling emissions from a process operated continuously, a failed unit and the associated process shall be shut down immediately until the failed unit has been repaired or replaced.

Respondent failed to fully control emissions from Line 3 Shredding and Packaging baghouse 2 for one hundred five (105) minutes on May 28, 2020 and from baghouse 3 for fifteen (15) minutes on May 31, 2020, in violation of Permit 40888 Conditions D.3.4 and D.3.7(a).

b. Pursuant to Permit 40888 Condition D.1.6(a), in order to comply with Conditions D.1.1, D.1.2 and D.1.3, the particulate control for the Railcar Receiving Station, Raw Material Silos (1-8), Day Bin 1, Day Bin 2, Mixer, Batch Transfer System, Weigh Scale, and Electric Melter shall be in operation and control particulate emissions at all times these emission units are in operation.

Respondent failed to control emissions from the Electric Melter baghouse for three (3) minutes on March 2, 2020 and from the Raw Material Silo 3 baghouse for seven hundred twenty (720) minutes from May 8, 2020 to June 2, 2020, in violation of Permit 40888 Condition D.1.6(a).

Based on the Enforcement Action Letter dated March 17, 2022, case no. 2022-28538-A contains the following violations:

c. Pursuant to Part 70 Operating Permit No. 177-44878-00006 (“Permit 44878”) Condition D.1.7(a), in order to comply with Conditions D.1.1, D.1.2, D.1.3, and D.1.5, the particulate control for the Railcar Receiving Station, Raw Material Silos (1-8), Day Bin 1, Day Bin 2, Mixer, Batch Transfer System, Weigh Scale, and Electric Melter shall be in operation and control particulate emissions at all times these emission units are in operation.

On February 16, 2022, Respondent failed to fully control emissions from the Batch Transfer system, in violation of Permit 44878 Condition D.1.7(a).

d. Pursuant to Permit 44878 Condition D.3.4, in order to assure compliance with Conditions D.3.1 and D.3.2, the baghouses for shredding and packaging facilities shall be in operation and control emissions at all times the shredding and packaging facilities are in operation.

On February 16, 2022, Respondent failed to fully control emissions from the Line 2 Shredding and Packaging Facility baghouse system, in violation of Permit 44878 Condition D.3.4.

e. Pursuant to Permit 44878 Condition D.8.4, in order to assure compliance with Conditions D.8.1 and D.8.2, the Silo #10 dust collector during the loading of the silo, the Silo Truck Unloading Station boot lift, the Bulk Bag Unloading Station dust collector, the Bulk Bag Weigh Scale Hopper sock filter, and the Transfer Conveyor baghouses shall be in operation and control particulates at all times these emissions units are in operation.

On February 16, 2022, Respondent failed to fully control emissions from the Transfer Conveyor baghouses, in violation of Permit 44878 Condition D.8.4.

f. Pursuant to Part 70 Operating Permit No. 177-39108-00006 (“Permit 39108”) Condition D.1.10(a) and corresponding conditions in subsequent permits, visible emission notations of the stack exhaust from the Railcar Receiving Station, Raw Material Silos, and Batch Transfer System shall be performed once per day during normal daylight operations.

Pursuant to Permit 39108 Condition D.1.16(c) and corresponding conditions in subsequent permits, to document the compliance status with Condition D.1.10, the Permittee shall maintain records of the visible emission notations of the Railcar Receiving Station, Raw Material Silos, and Batch Transfer System stack exhaust.

Respondent failed to conduct visible emission monitoring and maintain records for the Batch Transfer System stack exhaust from October 29, 2018 to February 18, 2022, in violation of Permit 39108 Conditions D.1.10(a) and D.1.16(c) and corresponding conditions in subsequent permits.

g. Pursuant to Permit 39108 Condition D.1.15 and corresponding conditions in subsequent permits, Respondent shall perform semi-annual inspections of the baghouse controlling particulate from Day Bin 1 and Day Bin 2 to verify they are being operated and maintained in accordance with the manufacturer's specifications.

Pursuant to Permit 39108 Condition D.1.16(g) and corresponding conditions in subsequent permits, in order to document the compliance status with Condition D.1.15, the Permittee shall maintain records of the dates and results of the inspections.

Respondent failed to adequately perform and document the semi-annual baghouse inspections for Day Bin 1 and Day Bin 2 from October 29, 2018 to April 12, 2022, in violation of Permit 39108 Conditions D.1.15 and D.1.16(g) and corresponding conditions in subsequent permits.

h. Pursuant to Permit 40888 Condition D.8.7 and corresponding conditions in subsequent permits, Respondent shall perform semi-annual inspections of the sock filter controlling particulate from Bulk Bag Weigh Scale Hopper to verify they are being operated and maintained in accordance with the manufacturer's specifications.

Pursuant to Permit 40888 Condition D.8.8(b) and corresponding conditions in subsequent permits, to document the compliance status with Condition D.8.7, Respondent shall maintain records of the dates and results of the inspections.

Respondent failed to adequately perform and document the semi-annual sock filter inspections from the Bulk Bag Weigh Scale Hopper from August 11, 2019 to April 12, 2022, in violation of Permit 40888 Conditions D.8.7 and D.8.8(b) and corresponding conditions in subsequent permits.

i. Pursuant to Part 70 Operating Permit No. 177-42267-00006 (“Permit 42267”) Condition D.8.8 and corresponding conditions in subsequent permits, Respondent shall perform semi-annual inspections of the Bulk Bag Weigh Scale Hopper sock filter and the Transfer Conveyor baghouses controlling particulate from Bulk Bag Weigh Scale Hopper and the Transfer Conveyor, to verify they are being operated and maintained in accordance with the manufacturer's specifications.

Pursuant to Permit 42267 Condition D.8.9(d) and corresponding conditions in subsequent permits, to document the compliance status with Condition D.8.8, the Respondent shall maintain records of the dates and results of the inspections of Bulk Bag Weigh Scale Hopper Sock Filter and the Transfer Conveyor baghouses.

Respondent failed to adequately perform and document the semi-annual baghouse inspections from the Transfer Conveyor System from August 23, 2021 to April 12, 2022, in violation of Permit 42267 Conditions D.8.8 and D.8.9(d) and corresponding conditions in subsequent permits.

j. Pursuant to Permit 44878 Condition D.6.1(a)(3) and 326 IAC 8-3-2 (Cold Cleaner Degreaser Control Equipment and Operating Requirements), Respondent shall close the degreaser cover whenever parts are not being handled in the degreaser.

During the inspection on February 16, 2022, an open degreaser cover was observed, in violation of Permit 44878 Condition D.6.1(a)(3) and 326 IAC 8-3-2.

6. Respondent provided corrective action documentation on March 7, 2022, April 4, 2022, and May 4, 2022, which included updates to monitoring checklists and necessary repairs.

7. 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.

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 Part 70 Operating Permit No. 177-44878-00006 unless superseded by a permit modification or renewal.

3. All submittals required by this Agreed Order, unless IDEM notifies the Respondent otherwise in writing, shall be sent to:

Jennifer Bailey, Senior Enforcement Case Manager

Office of Air Quality

Indiana Department of Environmental Management

100 North Senate Avenue

Indianapolis, IN 46204-2251

Jbailey2@idem.in.gov

4. Pursuant to IC 13-30-4-1, Respondent is assessed and agrees to pay a civil penalty of Thirty-Four Thousand Four Hundred Dollars ($34,400.00). Said penalty amount shall be due and payable to the Environmental Management Special Fund within thirty (30) days of the Effective Date; the thirtieth 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:

Indiana Department of Environmental Management

Accounts Receivable

IGCN, Room 1340

100 North Senate Avenue

Indianapolis, IN 46204

6. 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.

7. Signatories to this Agreed Order certify that they are fully authorized to execute this Agreed Order and legally bind the party they represent.

8. This Agreed Order shall apply to and be binding upon Respondent and all successors and assigns. Respondent shall provide a copy of this Agreed Order, if in force, to any subsequent owners, successors, or assigns before ownership rights are transferred.

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

10. Respondent shall ensure that all contractors, firms, and other persons performing work under this Agreed Order comply with the terms of this Agreed Order.

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. 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 the obligation to comply with the requirements of any applicable permits or any applicable Federal or State laws or regulations.

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 violations specified in the NOV.

15. Nothing in this Agreed Order shall prevent IDEM or anyone acting on its behalf from communicating with the U.S. Environmental Protection Agency (“U.S. 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 U.S. EPA or any other agency or entity.

16. This Agreed Order shall remain in effect until Respondent has complied with all terms and conditions of this Agreed Order and IDEM has issued a Resolution of Case letter to Respondent.

TECHNICAL RECOMMENDATION:			RESPONDENT:
Department of Environmental Management			Johns Manville, Inc.
By:			By:
	David P. McIver, Chief		Printed:
	Enforcement Section		Title:
	Office of Air Quality
			Date:
APPROVED AND ADOPTED BY THE INDIANA DEPARTMENT OF ENVIRONMENTAL
MANAGEMENT THIS		DAY OF		, 2024.
			For the Commissioner:
			Signed on August 8, 2024
			Matthew Stuckey, Assistant Commissioner
			Office of Air Quality Indiana Department of Environmental Management