NOTICE OF VIOLATION

 

 

Via Certified Mail #:

 

 

Via Certified Mail #:

 

 

To:

Mark Andrews, CEO

Knauf Insulation GmbH

One Knauf Drive

Shelbyville, IN 46176

 

Candace Bankovich, Registered Agent

Knauf Insulation GmbH

One Knauf Drive

Shelbyville, IN 46176

 

 

Case No. 2013-21810-A

 

Based on an investigation, the Indiana Department of Environmental Management (“IDEM”) has reason to believe that Knauf Insulation GmbH (“Respondent”) has violated environmental rules.  The violations are based on the following:

 

1.            Respondent owns and operates a wool fiberglass manufacturing company, with Plant I.D. No. 145-00001, permit number 145-28835-00001 issued August 2, 2010 (“Permit”), located at One Knauf Drive in Shelbyville, Shelby County Indiana (the “Site”).

 

2.            Pursuant to Permit conditions D.1.9(a), D.4.9(a) and D.5.14(a), Visible emission notations of stack exhaust shall be performed once per day during normal daylight operations when exhausting to the atmosphere. A trained employee shall record whether emissions are normal or abnormal.

Respondent failed to perform visible emissions notations of stack exhaust from furnace 602B, MFG 602, 602LF MFG, FURN 611 (Stack 6-21), Stack 6-22 exhaust and Stack 6-29 exhaust for 15 days during the compliance period 3Q 2011-2Q 2013 in violation of Permit conditions D.1.9(a), D.4.9(a) and D.5.14(a).

 

3.            Pursuant to Permit condition D.5.9, the wet electrostatic precipitator

(ESP) for particulate control shall be in operation and control emissions from the 611 FORMING, 612 FORMING, 613 FORMING, and 614 FORMING at all times when any of these forming sections are in operation. Pursuant to Permit condition D.5.15(b), the appropriate primary and secondary current (amperes) and voltage in each electrical field shall be maintained within the normal range as established in most recent compliant stack test. Pursuant to Permit condition D.5.15(c), when any reading is outside the normal range, the Permitee shall take reasonable response steps. Failure to take reasonable response steps shall be considered a deviation from the permit.

 

Respondent submitted 4th quarter 2012 and 1st quarter 2013 quarterly reports identifying periods where 4 of the 8 wet electrostatic precipitator modules of the  611 forming line were in alarm or off during normal operations in violation of Permit condition D.5.9. The appropriate primary and secondary current (amperes) and voltage in each electrical field of the 611forming line’s wet electrostatic precipitator were not maintained within the normal range as established in the most recent compliant stack test in violation of Permit condition D.5.15(b) and without response steps in violation of Permit condition D.5.15(c).

 

4.            Pursuant to Permit condition D.5.3(c), the loss on ignition (LOI) of the binders used by the 611 FORMING, 612 FORMING, 613 FORMING, 614 FORMING, 613 CURING/COOLING, and 614 CURING/COOLING combined shall not exceed 18%.

Respondent exceeded the 18% limit loss on ignition (LOI) of the binders used by the 611 FORMING, 612 FORMING, 613 FORMING, 614 FORMING, 613 CURING/COOLING, and 614 CURING/COOLING combined in violation of Permit condition D.5.3(c).

 

5.            Pursuant to Permit condition D.5.15(b), the appropriate primary and secondary current (amperes) and voltage in each electrical field shall be maintained within the normal range as established in most recent compliant stack test. Pursuant to Permit condition D.5.15(c), when any reading is outside the normal range, the Permitee shall take reasonable response steps. Failure to take reasonable response steps shall be considered a deviation from the permit.

 

The appropriate primary and secondary current (amperes) and voltage in each electrical field of the 611, 612, 613 and 614 forming lines wet electrostatic precipitator were not maintained within the normal range as established in the most recent compliant stack test on various dates and without response steps during the compliance period for the 3rd quarter 2011- the 2nd quarter 2013 in violation of Permit condition D.5.15(b)(c).

 

6.            Pursuant to 326 IAC 2-7-10.5, an owner or operator of a Part 70 source proposing to construct new emission units shall submit a request for a modification approval in accordance with 326 IAC 2-7-10.5. Pursuant to 326 IAC 2-7-3, no Part 70 source may operate after the time that it is required to submit a timely and complete application.

 

Respondent constructed and operated two generators and fuel dispensing facilities without first applying for and obtaining a permit in violation of 326 IAC 2-7-10.5 and 326 IAC 2-7-3.

 

In accordance with IC 13-30-3-3, the Commissioner herein provides notice that violations may exist and offers an opportunity to enter into an Agreed Order providing for the actions required to correct the violations and, as necessary and appropriate, for the payment of a civil penalty.  The Commissioner is not required to extend this offer for more than sixty (60) days.

 

As provided in IC 13-30-3-3, an alleged violator may enter into an Agreed Order without admitting that the violations occurred.  IDEM encourages settlement by Agreed Order, thereby resulting in quicker correction of the environmental violations and avoidance of extensive litigation.  Timely settlement by Agreed Order may result in a reduced civil penalty.  Also, settlement discussions will allow the opportunity to present any mitigating factors that may be relevant to the violations.

 

If an Agreed Order is not entered into within sixty (60) days of receipt of this Notice of Violation, the Commissioner may issue a Notice and Order under IC 13-30-3-4 containing the actions that must be taken to correct the violations and requiring the payment of an appropriate civil penalty.  Pursuant to IC 13-30-4-1, the Commissioner may assess penalties of up to $25,000 per day for each violation.

 

Please contact Mary Kelley at mkelley@idem.in.gov or at (317) 233-6335 within fifteen (15) days after receipt of this Notice to discuss resolution of this matter.

 

 

 

For the Commissioner:

 

 

 

 

 

 

 

 

Date:

 

 

Signed January 22, 2014

 

Phil Perry, Chief

Compliance and Enforcement Branch

Office of Air Quality

 

 

cc:       Chris Mahin, Corporate EH&S Knauf Insulation GmbH

Rochelle Marceillars, US EPA Region 5

Shelby County Health Department

http://www.in.gov/idem/enforcement/