EPA v. OWENS CORNING ROOFING AND ASPHALT - APO/CAFO

Case summary

EPA issued a Consent Agreement and Final Order (CAFO) commencing and concluding an action against Owens Corning Roofing and Asphalt LLC (Owens Corning) for alleged violations of the Clean Air Act. The CAFO alleges that Owens Corning exceeded emission limits from its Title V permits for hydrogen chloride (HCl) at two asphalt converters. The CAFO requires Owens Corning to pay a penalty of $90,00 and complete a supplemental environmental project (SEP) at the Medina facility. The SEP will result in a unique control unit for the control of HCl and will cost no less than $240,00. On March 27, 2017, EPA and Owens Corning entered into a CAFO to resolve alleged violations of the Ohio State Implementation Plan. The CAFO required Owens Corning to pay a penalty of $90,000 and spend at least $240,000 to implement a Supplemental Environmental Project (SEP) that would reduce HCl emissions from asphalt blow stills that use a ferric chloride catalyst. The CAFO was unique in that it was structured in a way that would require additional penalty payment if the HCl reduction system had a control efficiency less than 80 percent. Owens Corning contacted EPA in late 2017 to provide an update on the SEP. As no other facility in the industry was known to control HCl at asphalt blow stills, preliminary engineering studies were required. Based on these engineering studies, Owens Corning determined that they could not ensure that the previously proposed HCl reduction systems would effectively reduce HCl emissions. Owens Corning proposed a new SEP, which would eliminate the use of ferric chloride catalyst and replace it with a poly-phosphoric acid (PPA) injection system. Based on performance test data from another Owens Corning facility already utilizing a PPA injection system, an increase in emissions is not expected. As Owens Corning spent a significant period of time working on an HCl control system that will not be implemented and the PPA injection system was not an option presented in the CAFO, this Amended CAFO will provide the time required to implement a PPA injection system SEP. The original HCl reduction SEP would have resulted in an emission reduction of 84 to 112 tons of HCl per year. This PPA injection system SEP will result in an emission reduction of 140 tons of HCl per year. The cost of the PPA injection SEP has been estimated to be approximately $1,000,000.

Defendants (1)

• OWENS CORNINGNamed in complaintNamed in settlement

Facilities (1)

• OWENS CORNING ROOFING AND ASPHALT, LLC

  890 W. SMITH ROAD, MEDINA, OH, 44256

  Registry ID: 110000388919

Statutes cited

• CAA 112D — MACT Standards
• CAA 502 — Operating Permits (Title V)

Enforcement conclusions (2)

• OWENS CORNING ROOFING AND ASHAPHLT - AMENDED APO/CAFOentered 2018-01-30

  Primary law: CAA

  · SEP: $1,000,000

• OWENS CORNING ROOFING AND ASPHALT - APO/CAFOentered 2017-03-27

  Primary law: CAA

  Federal penalty: $90,000 · SEP: $229,634

Timeline (3 milestones)

• 2017-03-27Complaint Filed/Proposed Order
• 2017-03-29Enforcement Action Data Entered
• 2018-01-30Final Order Issued