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. 2019-26686-A
					)
METAL SOURCE, LLC,					)
					)
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 Indiana Code (“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 IC 13-13-1-1.

2. Respondent is Metal Source, LLC (“Respondent”), which owns and operates the stationary aluminum ingots and sows manufacturing source with Plant ID No.169-00067, located at 1743 South Wabash Street, in Wabash, Wabash County, Indiana (“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”) to:

Benjamin Gebhart, Member Metal Source, LLC P.O. Box 238 Wabash, IN 46992 gebhart@metalsourcellc.com

Marcus Olson, Registered Agent Metal Source, LLC 1733 S. Wabash St. Wabash, IN 46992 olson@metalsourcellc.com

5. During an investigation including an inspection on November 6, 2019 conducted by a representative of IDEM, the following violations were found:

a. Pursuant to Federally Enforceable State Operating Permit (“FESOP”) 169-39389-00067, Condition D.2.5(a), the baghouses for particulate control shall be in operation and control emissions from the aluminum metal shredders at all times that the aluminum metal shredders are in operation.

During a compliance inspection conducted by a representative of IDEM on November 6, 2019, baghouse CE3 was not in operation and controlling emissions at all times when the aluminum metal shredders MP1 and MP2 were in operation, in violation of FESOP 169-39389-00067, Condition D.2.5(a).

During the week of September 27, 2021, Respondent installed a new dust collector, identified as CE6, to control particulate emissions from aluminum metal shredders MP1 and MP2. Baghouse CE3 was removed from the site during the week of October 8, 2021, and baghouse CE4 was removed from the site during the week of January 17, 2022.

b. Pursuant to FESOP 169-39389-00067, Condition D.2.7, Respondent shall take a reasonable response when the pressure drop across baghouses CE3 and CE4 is outside of the normal range.

Respondent failed to take a reasonable response on multiple occasions between January 2018 and November 2019 when the pressure drop across baghouses CE3 and CE4 was outside of the normal range, in violation of FESOP 169-39389-00067, Condition D.2.7.

c. Pursuant to FESOP 169-39389-00067, Condition E.1.2(6), and 40 CFR 63.1506(b), Respondent must provide and maintain labels at each group 1 furnace that identify the applicable emission limits and means of compliance.

Respondent failed to provide and maintain labels at EU-1 and EU-2 that identify the applicable emission limits and means of compliance between January 2018 and November 2019, in violation of FESOP 169-39389-00067, Condition E.1.2(6), and 40 CFR 63.1506(b).

The dry hearth furnace, identified as EU-1, was removed from the site during the week of November 26, 2021.

d. Pursuant to 40 CFR 63.1506(m)(3), Respondent must maintain the 3-hour block average inlet temperature for each fabric filter controlling a group 1 furnace at or below the average temperature established during the performance test, plus 25 °F.

Respondent failed to maintain the 3-hour block average inlet temperature at or below the average temperature established during the performance test, plus 25 °F, for baghouses CE1 and CE2 on multiple occasions between January 2018 and November 2019, in violation of to 40 CFR 63.1506(m)(3).

Respondent has purchased and installed a new data-logger with remote monitoring capability in order to monitor, calculate, and record the appropriate parameters.

e. Pursuant to 40 CFR 63.1510(h)(2)(i), Respondent must monitor, calculate and record the average fabric filter inlet temperature for each 3-hour block period for each fabric filter controlling a group 1 furnace.

Respondent failed to monitor, calculate and record the average fabric filter inlet temperature for each 3-hour block period for baghouses CE1 and CE2 between January 2018 and November 2019, in violation of 40 CFR 63.1510(h)(2)(i).

6. Orders of the Commissioner are subject to administrative review by the Office of Environmental Adjudication under IC 4-21.5; however, in recognition of the settlement reached, Respondent acknowledges notice of this right and 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 FESOP 169-39389-00067 unless superseded by a renewal or revision.

3. All submittals required by this Agreed Order, unless IDEM notifies the Respondent otherwise in writing, shall be sent to:

Andrew Taylor, Enforcement Case Manager

Office of Air Quality

Indiana Department of Environmental Management

100 North Senate Avenue

Indianapolis, IN 46204-2251

AKTaylor@idem.IN.gov

4. Pursuant to IC 13-30-4-1, Respondent is assessed and agrees to pay a civil penalty of Twenty-Two Thousand Six Hundred Dollars ($22,600). Said penalty amount shall be due and payable to the Environmental Management Special Fund within thirty (30) days of the Effective Date; the thirtieth day being the “Due Date.”

5. 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:

Indiana Department of Environmental Management

Accounts Receivable

IGCN, Room 1340

100 North Senate Avenue

Indianapolis, IN 46204

6. 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 5, above.

7. Signatories to this Agreed Order certify that they are fully authorized to execute this Agreed Order and legally bind the party they represent.

8. This Agreed Order shall apply to and be binding upon Respondent and all successors and assigns. Respondent shall provide a copy of this Agreed Order, if in force, to any subsequent owners, successors, or assigns before ownership rights are transferred.

9. No change in ownership, corporate, or partnership status of Respondent shall in any way alter the Respondent’s status or responsibilities under this Agreed Order.

10. Respondent shall ensure that all contractors, firms, and other persons performing work under this Agreed Order comply with the terms of this Agreed Order.

11. 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.

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 the obligation to comply with the requirements of any applicable permits or any applicable Federal or State laws or regulations.

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 violations specified in the NOV.

15. Nothing in this Agreed Order shall prevent IDEM or anyone acting on its behalf from communicating with the U.S. Environmental Protection Agency (“U.S. 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 U.S. EPA or any other agency or entity.

16. This Agreed Order shall remain in effect until Respondent has complied with all terms and conditions of this Agreed Order and IDEM has issued a Resolution of Case letter to Respondent.

TECHNICAL RECOMMENDATION:			RESPONDENT:
Department of Environmental Management			Metal Source, LLC
By:			By:
	David P. McIver, Chief		Printed:
	Enforcement Section		Title:
	Office of Air Quality
Date:			Date:
COUNSEL FOR COMPLAINANT:			COUNSEL FOR RESPONDENT:
For the Department of Environmental Management
By:			By:
Date:			Date:
APPROVED AND ADOPTED BY THE INDIANA DEPARTMENT OF ENVIRONMENTAL
MANAGEMENT THIS		DAY OF		, 2023.
			For the Commissioner:
			Signed on May 11, 2023
			Matthew Stuckey
			Assistant Commissioner
			Office of Air Quality Indiana Department of Environmental Management