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. 2022-28570-A
					)
REAL ALLOY SPECIFICATION, 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 Real Alloy Specification, LLC (“Respondent”), which owns and operates the stationary secondary aluminum production facility with Plant ID No. 169-00010, located at 4525 West Old 24, 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”) on August 13, 2024 via Electronic Mail to:

Real Alloy Specification, LLC	Corporation Service Company,
Attn: Cathryn D. Griffin, Vice President	Registered Agent 135 North Pennsylvania Street
3700 Park East Drive Suite 300	Suite 1610 Indianapolis, IN 46204
Beachwood, OH 44122 Cathy.Griffin@realalloy.com	sop@cscglobal.com

5. During an investigation including an inspection on March 17, 2022 conducted by representatives of IDEM, the following violations were found:

a. Pursuant to Part 70 Permit 169-43444-00010 (“Permit”) condition D.2.2(a)(3), the Permittee shall close the degreaser cover whenever parts are not being handled in the degreaser.

On March 17, 2022, Respondent left a degreaser cover open when parts were not being handled in the degreaser, in violation of Permit condition D.2.2(a)(3).

b. Pursuant to 40 CFR 63.1506(g)(5), for a continuous injection device, maintain free-flowing lime in the hopper to the feed device at all times and maintain the lime feeder setting at or above the level established during the performance test.

Respondent reported that on February 3, 2021, May 18, 2021, and June 14, 2021 lime feed malfunction for Dryer 5 occurred causing no lime feed to the hopper, in violation of 40 CFR 63.1506(g)(5).

c. Pursuant to 40 CFR 63.1506(m)(5), Respondent shall maintain the total reactive chlorine flux injection rate (“TRFIR”) for each operating cycle or time period used in the performance test at or below the average rate established during the performance test.

Respondent reported that from September 15-17, 2021 and on November 9, 2021 it exceeded TRFIR, in violation of 40 CFR 63.1506(m)(5).

d. Pursuant to 40 CFR 63.6602 and Table 2c, emergency generators must be inspected and/or maintained after 500 or 1,000 hours of operation or annually whichever comes first.

Respondent failed to conduct annual maintenance on emergency generators (a) and (b) in 2021, in violation of 40 CFR 63.6602 and Table 2c.

6. Based on additional information supplied by Respondent, the 3-hour average afterburner temperatures cited as not available in the April 12, 2022 Enforcement Action Letter were being maintained and is not being pursued as a violation.

7. Respondent provided additional information that from February 17 through February 25, 2021, that lime was flowing into the hopper.

8. Respondent updated and conducted supervisor and operator training on what is Total Reactive Flux Injection Rate and how to prevent exceeding limits.

9. Orders of the Commissioner are subject to administrative review by the Office of Administrative Law Proceedings 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 the Part 70 permit 169-45457-00010, unless superseded by a permit modification or renewal.

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

Matthew Chaifetz, Senior Enforcement Case Manager

Office of Air Quality

Indiana Department of Environmental Management

100 North Senate Avenue

Indianapolis, IN 46204-2251

mchaifet@idem.IN.gov

4. Pursuant to IC 13-30-4-1, Respondent is assessed and agrees to pay a civil penalty of Twenty-One Thousand Four Hundred Fifty Dollars ($21,450.00). 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 violation 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			Real Alloy Specification, LLC
By:			By:
	David P. McIver, Chief		Printed:
	Enforcement Section		Title:
	Office of Air Quality
			Date:
APPROVED AND ADOPTED BY THE INDIANA DEPARTMENT OF ENVIRONMENTAL
MANAGEMENT THIS		DAY OF		, 2024.
			For the Commissioner:
			Signed on September 20, 2024
			Matthew Stuckey, Assistant Commissioner
			Office of Air Quality Indiana Department of Environmental Management