STATE OF INDIANA		)	SS:	BEFORE THE INDIANA DEPARTMENT OF
		)
COUNTY OF MARION		)		ENVIRONMENTAL MANAGEMENT
COMMISSIONER OF THE DEPARTMENT					)
OF ENVIRONMENTAL MANAGEMENT,					)
					)
Complainant,					)
					)
	v.				)	Case # 2014-22228-H
					)
INTERNATIONAL STEEL SERVICES, D.B.A					)
AMERICAN IRON OXIDE COMPANY,					)
					)
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 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 International Steel Services, d.b.a. American Iron Oxide Company, which owns and/or operates a company with U.S. EPA I.D. number INR 000011817, located at 6300 US Hwy 12 in Portage, Porter County, Indiana (the “Site”).

3. Respondent utilizes spent pickle liquor from steel mills to regenerate hydrochloric acid which is returned to the steel mills. Iron oxide is also produced in the process. Respondent has submitted a request for a variance to IDEM from classifying the spent pickle liquor as a solid waste pursuant to 40 CFR 260.31.

4. Respondent last notified of large quantity generator hazardous waste activities on March 19, 2008.

5. IDEM has jurisdiction over the parties and the subject matter of this action.

6. Pursuant to IC 13-30-3-3, IDEM issued a Notice of Violation (“NOV”) via Certified Mail to:

International Steel Services, d.b.a.

American Iron Oxide Company

6300 US Hwy 12

Portage, IN 46368

Attn: Franz Mullings

7. 329 IAC 3.1 incorporates certain federal hazardous waste management requirements found in 40 CFR Parts 260 through 270, and Part 273 including these identified below.

8. During an investigation including an inspection on March 6, 2014 conducted by a representative of IDEM, the following violations were found:

a. Pursuant to 40 CFR 262.11, a person who generates a solid waste must determine if that waste is hazardous.

As noted during the inspection, Respondent did not make a proper hazardous waste determination on used latex gloves and heavy duty gloves that are used to sample K062 hazardous waste at the facility, as well as on a sample container containing K062 hazardous waste located in a general trash container. Both the gloves and the sample container containing K062 hazardous waste are a listed hazardous waste and must be managed and disposed of as such.

Respondent presented information to IDEM during a settlement conference on September 5, 2014, and in a letter dated October 6, 2014, indicating that the gloves observed during the inspection actually were used in the sampling of hydrochloric acid (HCl) and also that the sample container contained HCL, both characteristic hazardous wastes. The gloves and container were retrieved from the general trash before taken for disposal.

Responded also stated in its October 6, 2014 letter that it has established receptacles in the pump room, labeled KO62 waste, for the collection of latex and heavy duty gloves contaminated with K062 as hazardous waste.

b. Pursuant to 40 CFR 262.34(a)(4) referencing 40 CFR 265.31, facilities must be maintained and operated to minimize the possibility of a fire, explosion, or any unplanned sudden or non-sudden release of hazardous waste or hazardous waste constituents to air, soil, or surface water which could threaten human health or the environment.

As noted during the inspection, Respondent failed to properly manage an acid line to minimize a release to the environment. Acid was leaking out the side of the wall on the second floor of Roaster B. This acid was going out the wall and onto the surrounding roof and dripping onto the surrounding asphalt.

Respondent presented information to IDEM during a settlement conference on September 5, 2014, and in a letter dated October 6, 2014, indicating that the release was contained and that the leak was promptly addressed and corrected during scheduled maintenance downturn. Respondent played a video during the conference which showed an employee using a hose to spray water simulating the leak, demonstrating how the water flows and showing how the liquid is directed to a process drain which was not visible during the inspection because of the accumulated snow.

c. Pursuant to 40 CFR 262.34(a)(4) referencing 40 CFR 265.52, the content of the contingency plan must include the following: a description of appropriate actions, arrangements with local emergency response teams, contact information for the emergency coordinators, emergency equipment, and an evacuation plan.

As noted during the inspection, Respondent's contingency plan did not include the correct emergency equipment information. None of the spill control equipment listed in the contingency plan was stored under Roaster B.

Respondent presented information to IDEM during a settlement conference on September 5, 2014, and in a letter dated October 6, 2014, indicating that Respondent’s contingency plan did not reflect the relocation of the items, which had been done to ensure that they would be accessible during periods of snow accumulation associated with the 2013-2014 winter season. Respondent has since revised the Contingency Plan to include an alternative location for certain listed items and submitted the revised portion of the plan to IDEM in a letter dated October 6, 2014.

d. 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 did not provide all employees with hazardous waste duties with initial and/or an annual review of hazardous waste training. Eric Bushmore, listed as an Emergency Coordinator, received training on June 7, 2012, but no further records of an annual review of training were provided. Pamela Rapo, with hazardous waste manifest duties, is listed as never receiving RCRA training, and Jeff Weir, Plant Manager and Emergency Coordinator, has not received the required training since joining the company in August of 2013.

Respondent presented information during a settlement conference on September 5, 2014, and in a letter dated October 6, 2014, indicating that any employee deficient in the training, including those employees listed in the violation above, have been provided the required training.

9. 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 statutes and rules listed in the findings above.

3. Upon the Effective Date, Respondent shall ensure compliance with 40 CFR 262.11 by ensuring that a hazardous waste determination is made at the point of generation for all solid wastes generated at the Site, including gloves contaminated with K062 and HCl. In no instance shall gloves contaminated with K062 and HCL be placed into the general trash.

4. Within thirty (30) days of the Effective Date, Respondent shall provide documentation to IDEM demonstrating that all of the acid released from the leak which is the subject of Finding 8 d. above has been adequately contained and/or cleaned up such that the acid poses and/or has not posed a threat to human health and the environment.

5. Upon the Effective Date, Respondent shall ensure compliance with 40 CFR 265.31. Specifically, Respondent shall ensure that the area of the acid line cited in Finding of Fact 8.b. above is maintained and operated to minimize the possibility of a release of hazardous waste or hazardous waste constituents to air, soil, or surface water which could threaten human health or the environment in all weather conditions, including snow. Respondent shall develop and maintain a plan to minimize threats to human health and the environment in the case of future leaks at this area. Respondent shall submit a copy of the plan to IDEM within thirty (30) days of the Effective Date.

6. Upon the Effective Date, Respondent shall ensure compliance with 40 CFR 265.52. Specificallly, Respondent shall ensure that its contingency plan indicates an alternative location for emergency equipment, if applicable.

7. Upon the Effective Date, Respondent shall ensure compliance with 40 CFR 265.16(a), (b), & (c). Specifically, Respondent shall ensure that all employees with hazardous waste duties are provided with the applicable initial and/or annual review of hazardous waste training.

8. 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

Indiana Department of Environmental Management

100 North Senate Avenue

Indianapolis, IN 46204-2251

9. Respondent is assessed and agrees to pay a civil penalty of Eighteen Thousand Two Hundred Dollars ($18,200). 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”.

10. In the event the terms and conditions of the following paragraphs are violated, Complainant may assess and Respondent shall pay a stipulated penalty in the following amount:

Failure to comply with Order Requirement No. 4	$500 per week
Failure to comply with Order Requirement No. 5	$500 per week

11. Stipulated penalties shall be due and payable no later than the 30^th day after Respondent receives written notice that Complainant has determined a stipulated penalty is due; the 30^th day being the “Due Date”. Complainant may notify Respondent at any time that a stipulated penalty is due. Failure to notify Respondent in writing in a timely manner of stipulated penalty assessment shall not waive Complainant’s right to collect such stipulated penalty or preclude Complainant from seeking additional relief against Respondent for violation of this Agreed Order. Neither assessment nor payment of stipulated penalties shall preclude Complainant from seeking additional relief against Respondent for a violation of this Agreed Order; such additional relief includes any remedies or sanctions available pursuant to Indiana law, including, but not limited to, civil penalties pursuant to IC 13-30-4.

12. Civil and stipulated 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

100 North Senate Avenue

Indianapolis, IN 46204-2251

13. 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 12, above.

14. 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.

15. 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.

16. 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.

17. 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.

18. 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.

19. 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.

20. 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.

21. This Agreed Order shall remain in effect until IDEM issues a Resolution of Case letter to Respondent.

TECHNICAL RECOMMENDATION:				RESPONDENT:
Department of Environmental Management
By: _________________________				By: _________________________
	Nancy Johnston, Section Chief
	Enforcement Section			Printed: ______________________
Office of Land Quality
				Title: ________________________
Date: __________________				Date: _______________________
				COUNSEL FOR RESPONDENT:
				By: ________________________
				Date: ______________________
APPROVED AND ADOPTED BY THE INDIANA DEPARTMENT OF ENVIRONMENTAL
MANAGEMENT THIS		______	DAY OF	______________________,	20__.
				For the Commissioner:
				Signed April 6, 2015 -
				Bruce H Palin
				Assistant Commissioner
				Office of Land Quality