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. 2013-21795-H
					)
NANSHAN AMERICA ADVANCED ALUMINUM					)
TECHNOLOGIES, LLC.,
					)
Respondents.					)

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 Nanshan America Advanced Aluminum Technologies, LLC, which owns and/or operates a facility with EPA I.D. No. INR 000135145 located at 3600 US Hwy 52 S in Lafayette, Tippecanoe County, Indiana (the "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”) via Certified Mail to:

Eric Angermeier	Jerry Romjue, Registered Agent for
Nanshan America Advanced	Nanshan America Advanced
Aluminum Technologies, LLC	Aluminum Technologies, LLC
3600 US Hwy 52 South	3600 US Hwy 52 South
Lafayette, IN 47905	Lafayette, IN 47905

5. Respondent produces aluminum extrusions for a variety of uses including transportation and architecture.

6. Respondent notified of hazardous waste large quantity generator activities on March 19, 2013.

7. 329 Indiana Administrative Code (“IAC”) 3.1 incorporates certain federal hazardous waste management requirements found in 40 Code of Federal Regulations (“CFR”) Parts 260 through 270 and Part 273, including those identified below.

8. During an investigation including an inspection conducted on July 9, 2013, conducted by a representative of IDEM, the following violations were found:

a. Pursuant to 40 CFR 262.20 and IC 13-30-2-1(12), a generator who transports, or offers for transportation, hazardous waste for offsite treatment, storage, or disposal, must prepare a manifest according to the instructions in the Appendix of Part 262. The instructions indicate the total quantity of waste being shipped must be entered on the manifest.

As noted during the inspection, Respondent did not include the total quantity of waste being shipped on manifest tracking number 000532286WAS which was offered for transport on July 8, 2013.

b. Pursuant to 40 CFR 270.1(c), a permit is required for the treatment, storage and disposal of any hazardous waste as identified or listed in 40 CFR Part 261.

As noted during the inspection, Respondent stored hazardous waste identified or listed in 40 CFR Part 261 without a permit. D002/D007 spent caustic sodium hydroxide was placed into the spent caustic tank in the die shop beginning in December 2012, but the first shipment of D002/D007 spent caustic was manifested offsite on July 8, 2013.

Respondent presented information to IDEM on October 21, 2013, indicating that it had been in the process of determining if the spent caustic sodium hydroxide could be used as a substitute for a commercial product and if so, if there were customers.

c. Pursuant to IC 13-30-2-1(10), a person may not commence or engage in the operation of a hazardous waste facility without having first obtained a permit from the department.

As noted during the inspection, Respondent operated a hazardous waste facility without having first obtained a permit from the department.

d. Pursuant to 329 IAC 3.1-1-10, every hazardous waste generator, transporter, or owner or operator of a hazardous waste facility shall notify the commissioner of its hazardous waste activity on the approved forms.

As noted during the inspection, Respondent failed to notify the Commissioner of hazardous waste storage activities.

e. Pursuant to 40 CFR 262.34(b), a generator who accumulates hazardous waste for more than 90 days is an operator of a storage facility and is subject to the requirements of 40 CFR Part 264 and the permit requirements of 40 CFR Part 270 unless he has been granted an extension to the 90 day period.

As noted during the inspection, Respondent stored hazardous waste on-site for greater than 90 days without complying with 40 CFR Part 264 and 40 CFR Part 270. D002/D007 spent caustic sodium hydroxide was placed into the spent caustic tank in the die shop beginning in December 2012, but the first shipment of D002/D007 spent caustic was manifested offsite on July 8, 2013.

f. Pursuant to 40 CFR 262.34(a)(2), a generator may accumulate hazardous waste on-site for 90 days or less without a permit, provided that the date when the accumulation begins is clearly marked and visible for inspection on each container.

As noted during the inspection, Respondent accumulated hazardous waste on-site, without a permit, and did not mark a hazardous waste container with an accumulation start date. One (1) 5-gallon container of D001 Stoddard Solvent located in the waste storage area lacked an accumulation start date.

Respondent presented information to IDEM on October 21, 2013, indicating that the contents of the 5-gallon container were product.

g. Pursuant to 40 CFR 262.34(a)(3), a generator may accumulate hazardous waste on-site for 90 days or less without a permit, provided that, while being accumulated on-site, each container and tank is labeled or marked clearly with the words "Hazardous Waste."

As noted during the inspection, Respondent accumulated hazardous waste on-site, without a permit, and did not label or clearly mark hazardous waste containers and a tank with the words "Hazardous Waste." One (1) 5-gallon container of D001 Stoddard Solvent located in the waste storage area and one (1) tank holding D002/D007 spent caustic located in the die shop were not marked with the words “Hazardous Waste.”

Respondent presented information to IDEM on October 21, 2013, indicating that the contents of the 5-gallon container were product and that the tank has been marked with the words “Hazardous Waste.”

h. Pursuant to 40 CFR 262.34(a)(4) referencing 40 CFR 265.51 and 40 CFR 265.53, a generator must have a contingency plan for the facility and must provide a copy to all applicable local emergency teams.

As noted during the inspection, Respondent did not provide a contingency plan for this facility at the time of the inspection.

Respondent presented a copy of a contingency plan to IDEM on August 29, 2013.

i. Pursuant to 40 CFR 262.34(a)(4) referencing 40 CFR 265.16(a), (b), & (c), facility personnel must complete a program of classroom instruction or on-the-job training that teaches them to perform their duties in compliance with the hazardous waste management rules. Employees must be trained within six months after their date of hire and must take part in an annual review of the initial training.

As noted during the inspection, Respondent had not provided training for employees with hazardous waste management duties which taught them to perform their duties in compliance with the hazardous waste management rules.

Respondent submitted Environmental Awareness Training Records to IDEM on July 26, 2013, indicating that employees had been provided RCRA training on that date. Respondent submitted a copy of the training program to IDEM on October 21, 2013. Further documentation of the training program was submitted to IDEM on December 12, 2013.

j. Pursuant to 40 CFR 262.34(a)(1)(ii) referencing 40 CFR 265.192(a), a generator with a new tank system must have a written assessment certified by an independent, qualified, registered, professional engineer in accordance with 40 CFR 270.11(d) attesting that the system has sufficient structural integrity.

As noted during the inspection, Respondent did not provide the required written assessment for the tank system holding D002/D007 spent caustic.

Respondent submitted the required written assessment for the tank system to IDEM on December 12, 2013.

k. Pursuant to 40 CFR 262.34(a)(1)(ii) referencing 40 CFR 265.195, a generator must inspect tank systems once each operating day. Generators of tank systems that either use leak detection equipment to alert facility personnel to leaks, or implement established workplace practices to ensure leaks are promptly identified, must inspect tank systems at least weekly. Use of the alternate inspection schedule must be documented.

As noted during the inspection, Respondent did not provide documentation indicating that the required inspections for the tank holding D002/D007 spent caustic were being conducted.

Respondent presented documentation indicating that inspection logs are being maintained to IDEM on October 21, 2013.

l. Pursuant to 40 CFR 268.7, a generator of hazardous waste must determine if the waste has to be treated before it can be land disposed. This is done by determining if the hazardous waste meets the treatment standards in 40 CFR 268.40, 40 CFR 268.45, or 40 CFR 268.49. This determination can be made in either of two ways: testing the waste or using knowledge of the waste. With the initial shipment of hazardous waste (meeting or not meeting the treatment standards in 40 CFR 268.40 and 40 CFR 268.42) to each treatment or storage facility, the generator must send a one-time written notice to each treatment or storage facility receiving the waste, and place a copy in the file. No further notification is necessary until such time that the waste or facility change, in which case a new notification must be sent and a copy placed in the generator’s file.

As noted during the inspection, a land ban notification pertaining to the shipment of D002/D007 waste on July 8, 2013 was not available.

Respondent submitted a copy of the land ban notification to IDEM on July 24, 2013.

m. Pursuant to 329 IAC 13-4-3(d), generators must label all used oil containers and aboveground tanks with the words “Used Oil.”

As noted during the inspection, Respondent did not label two (2) used oil containers with the words “Used Oil.”

Respondent corrected the violation at the time of the inspection.

9. The parties met on October 21, 2013 to discuss this matter. A follow-up teleconference was held on December 6, 2013.

10. 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 the rules listed in the findings here and/or above at issue.

3. Upon the Effective Date, Respondent shall ensure that a hazardous waste contingency plan is maintained pursuant to 40 CFR 265.50 through 40 CFR 265.56 and is specific for this facility.

4. Upon the Effective Date, Respondent shall ensure that its RCRA Hazardous Waste Training program meets all applicable requirements of 40 CFR 265.16.

5. All submittals required by this Agreed Order, unless Respondent is notified otherwise in writing by IDEM, shall be sent to:

Brenda Lepter, Enforcement Case Manager

Office of Land Quality – Mail Code 60-02L

Indiana Department of Environmental Management

100 North Senate Avenue

Indianapolis, IN 46204-2251

6. Respondent is assessed and agrees to pay a civil penalty of Twenty One Thousand Seven Hundred and Fifty Dollars ($21,750). Said penalty amount shall be due and payable to the Environmental Management Special Fund within thirty (30) days of the Effective Date; the 30^th day being the “Due Date”.

7. The civil penalty is 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

Cashier – Mail Code 50-10C

100 North Senate Avenue

Indianapolis, IN 46204-2251

8. 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 7, above.

9. 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 its status or responsibilities under this Agreed Order.

10. 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.

11. 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.

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 its obligation to comply with the requirements of its applicable permits or any applicable Federal or State law or regulation.

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 same violations specified in the NOV.

15. 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.

16. This Agreed Order shall remain in effect until Respondent pays the civil penalty referenced in paragraph 6 above. IDEM will issue a Resolution of Case letter to Respondent thereafter.

TECHNICAL RECOMMENDATION:				RESPONDENT:
Department of Environmental Management
By: _________________________				By: _________________________
	Nancy Johnston, Section Chief
	Enforcement Section			Printed: ______________________
Office of Land Quality
				Title: ________________________
Date: __________________				Date: _______________________
APPROVED AND ADOPTED BY THE INDIANA DEPARTMENT OF ENVIRONMENTAL
MANAGEMENT THIS		_______	DAY OF	________________________,	20__.
				For the Commissioner:
				Signed on February 18, 2014
				Bruce H Palin
				Assistant Commissioner
				Office of Land Quality