STATE OF INDIANA		)	SS:	BEFORE THE INDIANA DEPARTMENT OF
		)
COUNTY OF MARION		)		ENVIRONMENTAL MANAGEMENT
COMMISSIONER OF THE DEPARTMENT					)
OF ENVIRONMENTAL MANAGEMENT,					)
					)
Complainant,					)
					)
	v.				)	Case Nos. 2023-30008-H and 2024-30105-H
					)
METALS AND ADDITIVES, 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 Metals and Additives, LLC (“Respondent”), which operate the facilities with United States Environmental Protection Agency (“EPA”) ID No. INR000149559, located at 901 W. Hendrix St., in Brazil, Clay County, Indiana (“Warehouse”) and with EPA ID No. IND084257096, located at 10665 N. State Road 59, in Brazil, Indiana (“Plant”).

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:

Troy Sharp	Gregg R. Bennett, Registered Agent for
Metals and Additives, LLC	Metals and Additives, LLC
P.O. Box 423	10665 N. State Road 59
Brazil, IN 47834	Brazil, IN 47834

5. Respondent notified EPA of Small Quantity Generator (“SQG”) activities at the Warehouse on February 16, 2023, Large Quantity Generator (“LQG”) activities on February 28, 2024, and SQG activities on April 16, 2024. Respondent notified EPA on February 16, 2023 of SQG activities at the Plant.

6. Respondent creates chemical additives for use in production by four other related businesses, Addenda, Polymer Additives Group, Reedy, and Omni Oxide.

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

Count I (2023-30008-H)

Warehouse

1. During an investigation including an inspection at the Warehouse on December 14, 2023, conducted by a representative of IDEM, the following violations were found:

a. Pursuant to 40 CFR 262.13, a generator must determine its generator category. A generator’s category is based on the amount of hazardous waste generated each month and may change from month to month. This section sets forth procedures to determine whether a generator is a very small quantity generator (“VSQG”), a small quantity generator (“SQG”), or a large quantity generator (“LQG”) for a particular month, as defined in 40 CFR 260.10 of this chapter.

As noted during the December 14, 2023 inspection, Respondent failed to determine its generator category. While conducting hazardous waste activities as a SQG at the Warehouse, Respondent shipped at a large quantity generator level (3,422 pounds of D008 lead monoxide hazardous waste) on February 28, 2023 (Manifest #024572737 JJK).

b. 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 activities subject to this article on forms provided by the commissioner unless the activity is exempt from the notification requirements for very small quantity generators under 329 IAC 3.1-7.

As noted during the December 14, 2023 inspection, Respondent shipped 3,422 pounds of hazardous waste on February 28, 2023 (Manifest #024572737 JJK) without notifying as a LQG.

c. Pursuant to IC 13-22-4-3.1(c), a hazardous waste LQG, i.e., a person that generates, in any one or more calendar months of a calendar year:

a) more than one thousand (1,000) kilograms of hazardous waste;

b) at least one (1) kilogram of acute hazardous waste; or

c) at least one hundred (100) kilograms of material from the cleanup spillage of acute hazardous waste; or

accumulates at least six thousand (6,000) kilograms of hazardous waste or at least one (1) kilogram of acute hazardous waste shall, before March 1 of each year, submit to the department either the biennial report concerning the person's waste activities during the previous calendar year, or an annual report on forms provided by the department, that summarizes the person's hazardous waste shipments during the previous calendar year. LQGs are required to submit the Hazardous Waste Biennial Report by March 1 of each even numbered year and the IDEM annual manifest report by March 1 of each odd numbered year.

As noted during the inspection, Respondent operated as a LQG in 2023 and did not submit the biennial report in 2024.

d. Pursuant to 40 CFR 262.17(a)(6) referencing 40 CFR 262.260(a), a large quantity generator must have a contingency plan for the facility. The contingency plan must be designed to minimize hazards to human health or the environment from fires, explosions, or any unplanned sudden or non-sudden release of hazardous waste or hazardous waste constituents to air, soil, or surface water.

As noted during the December 14, 2023 inspection, Respondent did not have a contingency plan.

e. 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 December 14, 2023 inspection, Respondent operated a hazardous waste facility without first obtaining a permit. Respondent stored one (1) 55-gallon drum of Addicat Calciner Cleanup Waste, lead monoxide (D008) hazardous waste, at the Warehouse for over one year.

f. 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 261.

As noted during the December 14, 2023 inspection, Respondent stored one (1) 55-gallon drum of Addicat Calciner Cleanup Waste, lead monoxide (D008) hazardous waste, at the Warehouse without a RCRA Part B Treatment, Storage, Disposal (TSD) facility permit.

g. Pursuant to 329 IAC 3.1-12-1 and 40 CFR 268.50(b), an owner/operator of a TSD facility may store such wastes for up to one year unless the Agency can demonstrate that such storage was not solely for the purpose of accumulation of such quantities of hazardous waste as are necessary to facilitate proper recovery, treatment, or disposal.

As noted during the December 14, 2023 inspection, Respondent stored one (1) 55-gallon drum of Addicat Calciner Cleanup Waste, lead monoxide (D008) hazardous waste, at the Warehouse for over a year.

Count II (2024-30105-H)

Plant

2. During an investigation including an inspection at the Plant on January 18, 2024, 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 a hazardous waste at the point of waste generation, before any dilution, mixing, or other alteration of the waste occurs, and at any time in the course of its management that it has, or may have, changed its properties as a result of exposure to the environment or other factors that may change the properties of the waste such that the RCRA classification of the waste may change.

As noted during the January 18, 2024 inspection, Respondent did not make hazardous waste determinations on two (2) 55-gallon containers of PIP Tank Cleanout Waste, which was solid waste generated by Respondent at the Plant. The containers were moved to the Warehouse in early 2023 and were observed and documented at the Warehouse during the December 14, 2023 inspection.

On March 5, 2024, Respondent submitted documentation showing one of the 55- gallon drums contained Addicat Calciner Cleanup Waste (D008 lead monoxide). The other 55-gallon drum contained non-hazardous neutralized phosphoric acid (Piperazine and Pyrophosphate and caustic soda) waste.

. b. Pursuant to 40 CFR 262.15(a)(5)(ii), a generator must mark or label its satellite hazardous waste containers with an indication of the hazards of the contents.

As noted during the January 18, 2024 inspection, Respondent accumulated hazardous waste in containers at or near the point of generation without a permit and did not properly mark four (4) satellite accumulation containers with an indication of the hazards of the contents. Respondent marked two (2) of the (4) containers with the indication of hazards during the inspection.

c. Pursuant to 40 CFR 262.16(b)(6)(i)(B), a small quantity generator may accumulate hazardous waste on-site for 180 days or less without a permit, provided that, while being accumulated on-site, each container is labeled or marked with an indication of the hazards of the contents.

As noted during the January 18, 2024 inspection, Respondent accumulated hazardous waste on-site, without a permit, and failed to clearly mark sixteen (16) hazardous waste containers in the central accumulation area with an indication of hazards of the contents.

d. Pursuant to 40 CFR 262.18(c), a generator must not offer its hazardous waste to transporters or to treatment, storage, or disposal facilities that have not received an EPA identification number.

As noted during the January 18, 2024 inspection, Respondent sent its hazardous waste from the Plant to the Warehouse. The Warehouse does not have an EPA identification number for RCRA Part B Permit for TSD activities.

e. 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 activities subject to this article on forms provided by the commissioner unless the activity is exempt from the notification requirements for very small quantity generators under 329 IAC 3.1-7.

As noted during the January 18, 2024 inspection, Respondent transported one (1) 55- gallon drum of Addicat Calciner Cleanup Wasate (D008 lead monoxide) hazardous waste in early 2023 from the Plant to the Warehouse without having notified as being a hazardous waste transporter.

f. Pursuant to 329 IAC 3.1-1-13, the commissioner shall require the use of identification numbers issued by the U.S. Environmental Protection Agency.

As noted during the January 18, 2024 inspection, Respondent did not have an EPA ID number for transportation activities.

g. Pursuant to 40 CFR 262.10(a)(3), a generator shall not transport, offer its hazardous waste for transport, or otherwise cause its hazardous waste to be sent to a facility that is not a designated facility, as defined in 40 CFR 260.10 of this chapter, or not otherwise authorized to receive the generator's hazardous waste.

As noted during the January 18, 2024 inspection, Respondent transported one (1) 55-gallon drum of Addicat Calciner Cleanup Wasate (D008 lead monoxide) hazardous waste in early 2023 to the Warehouse, which was not a permitted facility.

h. Pursuant to 40 CFR 262.20 and IC 13-30-2-1(12), a generator that transports, or offers for transport a hazardous waste for offsite treatment, storage, or disposal, or a treatment, storage, or disposal facility that offers for transport a rejected hazardous waste load, must prepare a Manifest on EPA Form 8700-22, and, if necessary, EPA Form 8700-22A. In lieu of using the paper manifest form a person may use an electronic manifest, provided that the person complies with the requirements in 40 CFR 262.24 for use of electronic manifests. A generator must designate on the manifest one facility which is permitted to handle the waste described on the manifest and may designate an alternate facility to handle this waste in the event that an emergency prevents delivery of the waste to the primary designated facility. If the waste is unable to be delivered to the designated primary or secondary facility, another facility must be designated, or the transporter is instructed to return the waste.

As noted during the January 18, 2024 inspection, Respondent transported one (1) 55-gallon drum of Addicat Calciner Cleanup Waste (D008 lead monoxide) hazardous waste in early 2023 to the Warehouse without having prepared a manifest.

i Pursuant to 40 CFR 262.16(b)(7), a small quantity generator must comply with all the applicable requirements under 40 CFR part 268.

As noted during the January 18, 2024 inspection, Respondent transported one (1) 55-gallon drum of Addicat Calciner Cleanup Waste (D008 lead monoxide) in early 2023 to the Warehouse without a land disposal restriction notification.

3. 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 the statutes and rules listed in the findings of fact above.

3. Upon the Effective Date of the Agreed Order, Respondent shall comply with 40 CFR 262.13. Specifically, Respondent shall determine their generator category on a monthly basis.

4. Within fifteen (15) days of the Effective Date, Respondent shall comply with 329 IAC 3.1-1-10. Specifically, Respondent shall submit an electronic notification of generator activities in the myRCRAid module of RCRAInfo notifying of LQG status in 2023. Instructions can be found here: https://www.in.gov/idem/waste/waste-industries/waste-transportation/how-to-obtain-a-new-rcra-id-number/.

5. Within thirty (30) days of the Effective Date, Respondent shall submit the biennial manifest report for 2023. The Biennial Report for 2023 hazardous waste activity must be submitted electronically via the Biennial and Annual Report module in RCRAinfo. Instructions can be found here: https://www.in.gov/idem/waste/resources/annual-report-and-biennial-report/. RCRAinfo may be accessed at: https://rcrainfo.epa.gov/rcrainfoprod/action/secured/login.

6. Upon the Effective Date, Respondent shall comply with 40 CFR 262.18(c). Specifically, Respondent shall not offer its hazardous waste to transporters or to treatment, storage, or facilities that have not received an EPA identification number.

7. Upon the Effective Date, Respondent shall comply with 329 IAC 3.1-1-10 and 40 CFR 262.10(a)(3). Specifically, Respondent shall not transport hazardous waste without obtaining an EPA ID number for transporter activities.

8. Upon the Effective Date, Respondent shall comply with 40 CFR 262.20 and IC 13-30-2-1(12). Specifically, Respondent shall not transport hazardous waste for off-site treatment, storage, or disposal without preparing a manifest.

9. Upon the Effective Date, Respondent shall comply with 40 CFR 268.7(a). Specifically, Respondent shall not transport hazardous waste for off-site treatment, storage, disposal without preparing a one-time Land Disposal Notification Form.

10. Upon the Effective Date, Respondent shall comply with IC 13-30-2-1(10). Specifically, Respondent shall obtain the appropriate permit prior to conducting hazardous waste treatment, storage, or disposal activities.

11. Upon the Effective Date, Respondent shall comply with 40 CFR 262.17(a)(6) referencing 40 CFR 262.260(a). Specifically, upon or on discovery of a change in generator status, Respondent shall ensure compliance with 40 CFR 262 related to generator status, to include the creation of a Contingency Plan. Respondent shall maintain this contingency plan as long as Respondent remains a large quantity generator of hazardous waste.

12. Upon the Effective Date, Respondent shall comply with 329 IAC 3.1-12-1 and 40 CFR 268.50(b). Specifically, Respondent shall ensure waste is properly disposed of at a permitted facility. In the future, Respondent shall not store hazardous waste without a permit and shall not store waste for over one year.

13. Upon the Effective Date, Respondent shall comply with 40 CFR 262.11. Specifically, Respondent shall ensure that a proper waste determination is conducted for all solid wastes generated at the point of generation.

14. Within fifteen (15) days of the Effective Date, Respondent shall comply with 40 CFR 262.15(a)(5)(ii). Specifically, Respondent shall mark the remaining two (2) satellite containers with the indication of hazards of the contents and submit photographic documentation to IDEM.

15. Within fifteen (15) days of the Effective Date, Respondent shall comply with 40 CFR 262.16(b)(6)(i)(B). Specifically, Respondent shall mark all central accumulation containers with the indication of hazards of the contents and submit photographic documentation to IDEM.

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

Elizabeth Phillips, Enforcement Case Manager

Office of Land Quality

Indiana Department of Environmental Management

100 North Senate Avenue

Indianapolis, IN 46204-2251

17. Pursuant to IC 13-30-4-1, Respondent is assessed and agrees to pay a civil penalty of Eleven Thousand Five Hundred Dollars ($8,200) for Case No. 2023-30008-H, and a civil penalty of Thirteen Thousand Two Hundred Dollars ($13,200) for Case No. 2024- 30105-H. After this Agreed Order is adopted (signed by the Assistant Commissioner of the Office of Land Quality), Respondent shall pay by the due date printed on the Invoices that will be attached to the adopted Agreed Order.

Civil and stipulated penalties are payable to the “Indiana Department of Environmental Management” by:

Mail:

Civil penalties are payable by check to the “Indiana Department of Environmental Management.” Checks shall include the Case Number of this action and shall be mailed to:

Indiana Department of Environmental Management

Accounts Receivable

P.O. Box 3295

Indianapolis, IN 46206

Online:

Accounts Receivable is accepting payments online by e-Check, Master Card, Visa or Discover. Please visit www.IN.gov/IDEM. Under Online Services, click Online Payment options and follow the prompts. A processing fee of $0.40 plus 2.06% will be charged for credit card payments.  A processing fee of $0.15 will be charged for eCheck payments.

The Case Number is required to complete the process.

Phone:

You may also call us at 317-234-3099 and follow the instructions for Master Card, Visa or Discover payments. A processing fee of $0.40 plus 2.06% will be charged for credit card payments.  A processing fee of $0.15 will be charged for eCheck payments.

The Case Number is required to complete the process.

18. 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:

Paragraph	Stipulated Penalty
Order Paragraph #4	$100 per week
Order paragraph #5	$100 per week
Order paragraph #14	$100 per week
Order paragraph #15	$100 per week

19. Stipulated penalties shall be due and payable no later than the thirtieth day after Respondent receives written notice that Complainant has determined a stipulated penalty is due; at which time, a separate invoice will be issued. Complainant may notify Respondent at any time that a stipulated penalty is due. Failure to notify Respondent in writing in a timely manner of a 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.

20. 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 an additional penalty of 10 percent, payable to the “Indiana Department of Environmental Management,” and shall be payable to IDEM in the manner specified in Paragraph 17, above.

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

22. 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.

23. 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.

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

25. 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.

26. 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.

27. 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.

28. 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.

29. 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.

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

REMAINDER OF PAGE LEFT BLANK INTENTIONALLY

TECHNICAL RECOMMENDATION:			RESPONDENT:
Department of Environmental Management
By:			By:
	Jennifer Reno, Chief		Printed:
	Land Enforcement Section		Title:
	Compliance Branch
	Office of Land Quality
Date:	7/12/2024		Date:
			COUNSEL FOR RESPONDENT:
			By:
			Printed:
			Date:
APPROVED AND ADOPTED BY THE INDIANA DEPARTMENT OF ENVIRONMENTAL
MANAGEMENT THIS		DAY OF		, 20_____
			For the Commissioner:
			Brian Wolff
			Assistant Commissioner
			Office of Land Quality