STATE OF INDIANA		)	SS:	BEFORE THE INDIANA DEPARTMENT OF
		)
COUNTY OF MARION		)		ENVIRONMENTAL MANAGEMENT
COMMISSIONER OF THE DEPARTMENT					)
OF ENVIRONMENTAL MANAGEMENT,					)
					)
Complainant,					)
					)
	v.				)	Case No. 2004-14063-A
					)
IRON DYNAMICS, INC.,					)
					)
Respondent.					)

AGREED ORDER

The Complainant and the 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, a department of the State of Indiana created by IC 13-13-1-1.

2. Respondent is Iron Dynamics, Inc. (“Respondent”), which owns and operates the stationary iron manufacturing facility, Plant ID. 033-15955-00076, located at 4500 County Road 59, in Butler, Dekalb County, Indiana (“Site”).

3. The Indiana Department of Environmental Management (“IDEM”) has jurisdiction over the parties and the subject matter of this action.

4. Pursuant to IC 13-30-3-3, on May 12, 2005, IDEM issued a Notice of Violation via Certified Mail to:

Keith E. Busse, President and Registered Agent

Iron Dynamics, Inc.

6714 Pointe Inverness Way, Suite 200

Ft. Wayne, IN 46804

5. An inspection was conducted on September 14, 2004 by a representative of IDEM’s Office of Air Quality (“OAQ”). The following violations were in existence or observed at the time of this inspection:

a. Pursuant to Significant Source Modification (SSM) No. 033-15955-00076, operation condition No. D.1.2, visible emissions discharged into the atmosphere from the rotary hearth furnace process baghouse (stack 40), and associated discharge chute stack (stack 77), shall each be limited to three percent (3%) opacity.

b. During this inspection the inspector observed visible emissions emanating from the rotary hearth furnace stack (Stack 40). The inspector conducted visible emission evaluations (EPA test Method 9) of these emissions and determined that during three (3) six-minute averaging periods the opacity of these emissions exceeded the three percent (3%) limit, violations of SSM No. 033-12992-00076, operation condition No. D.1.2.

6. 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 the Complainant or his delegate, and has been received by the Respondent. This Agreed Order shall have no force or effect until the Effective Date.

2. Respondent shall comply with all terms and conditions of SSM No. 033-12992-00076.

3. Respondent is assessed a civil penalty of Seven Thousand Dollars ($7,000). Said penalty amount shall be due and payable to the Environmental Management Special Fund within thirty (30) days of the Effective Date of this Agreed Order.

4. 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:

Cashier – Mail Code 50-10C

Indiana Department of Environmental Management

100 North Senate Avenue

Indianapolis, IN 46204-2251

5. In the event that the civil penalty required by Order paragraph 3 is not paid within thirty (30) days of the Effective Date of this Agreed Order, Respondent shall pay interest on the unpaid balance at the rate established by IC 24-4.6-1-101. The interest shall continue to accrue until the civil penalty is paid in full.

6. This Agreed Order shall apply to and be binding upon the Respondent, its successors and assigns. The Respondent's signatories to this Agreed Order certify that they are fully authorized to execute this document and legally bind the parties they represent. No change in ownership, corporate, or partnership status of the Respondent shall in any way alter its status or responsibilities under this Agreed Order.

7. In the event that any terms of the 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 the Agreed Order did not contain the invalid terms.

8. The 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.

9. This Agreed Order shall remain in effect until Respondent complies with the terms of Order paragraph No. 3.

TECHNICAL RECOMMENDATION:			RESPONDENT:
Department of Environmental Management			Iron Dynamics, Inc.
By:	___________________		By:		_____________
	David P. McIver
	Chief, Air Section		Printed:		_____________
	Office of Enforcement
			Title:		_____________
Date:	____________		Date:		____________
COUNSEL FOR COMPLAINANT:			COUNSEL FOR RESPONDENT:
Department of Environmental Management			Iron Dynamics, Inc.
By:	______________________		By:	____________
	Office of Legal Counsel
Date:	____________		Date:	____________
APPROVED AND ADOPTED BY THE INDIANA DEPARTMENT OF ENVIRONMENTAL
MANAGEMENT THIS		DAY OF				, 200	.
			For The Commissioner:
			Signed on September 20, 2005
			Matthew T. Klein
			Assistant Commissioner
			of Compliance and Enforcement