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STATE OF
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BEFORE THE
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COUNTY OF
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ENVIRONMENTAL
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COMMISSIONER
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Complainant, |
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Case No. 2024-30524-H |
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REGAL BELOIT
AMERICA, INC. DBA |
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REGAL
REXNORD, |
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Respondent. |
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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 Regal Beloit America, Inc. DBA Regal Rexnord
(“Respondent”), which operates the company with United States Environmental
Protection Agency (“EPA”) ID No. IND021369442, located at 705 N. 6th
Street, in Monticello, White 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”) via certified mail
on April 15, 2025 to:
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Louis
Pinkham, President of |
Corporation
Service Company, |
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Regal
Beloit America, Inc. DBA |
Registered
Agent for |
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Regal
Rexnord |
Regal
Beloit America, Inc. DBA |
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111
W. Michigan Street |
Regal
Rexnord |
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Milwaukee,
Wisconsin 53203 |
135
N. Pennsylvania Street, |
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Suite
1610 |
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Indianapolis,
Indiana 46204 |
5.
Respondent notified EPA of Small Quantity Generator (“SQG”) activities on February 19, 2024. Respondent notified EPA on May 23, 2025 for Large Quantity Generator (“LQG”) activities in
2023.
6.
Respondent is a manufacturer of steel bearings
for the aerospace and defense industries.
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.
8.
During
an investigation including an
inspection on October 17, 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 inspection, Respondent shipped 4,708-gallons of caustic oily water to Metalworking
Lubricants (“MWL”) on April 25, 2023 as non-hazardous waste. Respondent
believed it was non-hazardous waste based on a measured pH of 10.02 and a
review of associated Safety Data Sheets. When the waste arrived at the receiving facility, the pH was measured at
13.17.
Waste was tested
by MWL and found to be hazardous. Waste was sent off by MWL as a hazardous
waste to a permitted treatment storage disposal facility (“TSDF”).
b.
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.
As noted during the inspection, Respondent
became a LQG of hazardous waste in 2023 and did not correctly notify of the
generator status change.
Respondent
submitted a corrected notification to IDEM and RCRAInfo
on May 23, 2025 regarding the change in generation
status from SQG to LQG for 2023.
Respondent has also contracted with Velocity to
conduct waste determinations on a monthly basis.
c.
Pursuant to 329 Indiana Administrative Code (“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
became a LQG of hazardous waste in 2023 and did not correctly notify of the
generator activities.
Respondent
submitted a corrected notification to IDEM and RCRAInfo
on May 23, 2025 regarding the change in generation
status from SQG to LQG for 2023.
d.
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 inspection, Respondent generated 4,708-gallons of D002
hazardous waste and shipped it off as non-hazardous
to a
non-permitted facility (MWL)
for disposal based on pH results from
testing onsite (10.2).
Waste received
by MWL and tested for pH
(13.17) which was ultimately sent off and disposed of at a permitted
TSDF.
e.
Pursuant to 40 CFR 262.20, a generator who transports, or offers
for transportation, hazardous waste for offsite treatment, storage, or
disposal, must prepare a manifest. A generator must
designate on the manifest one facility which is permitted to handle the waste
described on the manifest. A generator may designate an alternate facility to
handle his waste in the event that an emergency
prevents delivery of the waste to the primary designated facility.
As
noted during the inspection, Respondent offered hazardous waste for
transportation for offsite treatment, storage, or disposal without properly preparing
a manifest. Specifically, the correct generator ID
number, correct generator name and mailing address, and correct transporter
name and correct transporter EPA ID number were not entered correctly.
Documentation
of corrected manifest was submitted.
f.
Pursuant to IC 13-30-2-1(12), a person may not cause or allow the
transportation of hazardous waste without a manifest if a manifest is required
by law.
As
noted during the inspection, Respondent offered hazardous waste for
transportation for offsite treatment, storage, or disposal without properly preparing
a manifest. Specifically, the correct generator ID
number, correct generator name and mailing address, and correct transporter
name and correct transporter EPA ID number were not entered correctly.
Documentation
of corrected manifest was submitted.
g.
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 inspection, Respondent offered hazardous waste for
transportation for offsite treatment, storage, or disposal without properly preparing
a manifest. Specifically, the correct generator ID
number, correct generator name and mailing address, and correct transporter
name and correct transporter EPA ID number were not entered correctly.
Documentation
of corrected manifest was submitted.
h.
Pursuant
to 329 IAC 3.1-7-1 referencing 40 CFR 262.41, (a) a generator who is a large
quantity generator for at least one month of an odd-numbered year (reporting
year) who ships any hazardous waste off-site to a treatment, storage or
disposal facility within the United States must complete and submit EPA Form
8700-13 A/B to the Regional Administrator by March 1 of the following
even-numbered year and must cover generator activities during the previous
year.
(b)
Any generator who is a large quantity generator for at least one month of an
odd-numbered year (reporting year) who treats, stores, or disposes of hazardous
waste on site must complete and submit EPA Form 8700-13 A/B to the Regional Administrator
by March 1 of the following even-numbered year covering those wastes in
accordance with the provisions of 40 CFR parts 264, 265, 266, 267 and 270. This
requirement also applies to large quantity generators that receive hazardous
waste from very small quantity generators pursuant to § 262.17(f).
As
noted during the inspection, Respondent generated 4,708-gallons of D002
hazardous waste in February 2023, and 4,800-gallons of D002 hazardous
waste generated in November 2023. Respondent reported the generation and
offsite shipment of 4,800-gallons of D002 hazardous waste, but did not report
the generation and offsite shipment of 4,708-gallons of D002 hazardous waste.
i.
Pursuant
to 40 CFR 262.17(a)(9) referencing 40 CFR 268.7(a), a generator must determine
if a hazardous waste is restricted from land disposal and if the waste has to be treated before being land
disposed.
As
noted during the inspection, Respondent shipped 4,708-gallons of D002 caustic
oily material to MWL on April 25, 2023 without
providing written notice.
Documentation
of written notice was submitted to MWL.
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 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.
All submittals required by this Agreed Order,
unless IDEM notifies the Respondent otherwise in writing, shall be sent to:
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Jodi Pisula,
Enforcement Case Manager |
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Office of
Land Quality |
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Indiana
Department of Environmental Management |
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100 North Senate
Avenue |
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Indianapolis, IN 46204-2251 |
5.
Pursuant to IC 13-30-4-1, Respondent is
assessed and agrees to pay a civil penalty of Nine Thousand Eight Hundred
Dollars ($9,800.00). 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 Invoice 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:
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Indiana
Department of Environmental Management |
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Accounts
Receivable |
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P.O.
Box 3295 |
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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.
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 an additional
penalty of 10 percent, payable to “Indiana Department of Environmental
Management” and shall be payable to IDEM in the manner specified in Paragraph 7 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 IDEM issues a Resolution of Case letter to Respondent.
REMAINDER
OF PAGE LEFT BLANK INTENTIONALLY
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TECHNICAL
RECOMMENDATION: |
RESPONDENT: Regal Beloit America, Inc. DBA Regal Rexnord |
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Jennifer
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COUNSEL FOR
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APPROVED
AND ADOPTED BY THE INDIANA DEPARTMENT OF ENVIRONMENTAL |
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MANAGEMENT
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For
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Signed
6/23/2025 |
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Brian
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Assistant
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