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STATE OF INDIANA    )        BEFORE THE INDIANA DEPARTMENT
                )    SS:    OF ENVIRONMENTAL MANAGEMENT
COUNTY OF MARION    )

COMMISSIONER OF THE DEPARTMENT    )
OF ENVIRONMENTAL MANAGEMENT,    )
                            )
        Complainant,                )
                            )
            v.                )    CAUSE NO. A-3659
                            )
ALUMINUM COMPANY OF AMERICA,        )
                            )
        Respondent.                )

AGREED ORDER

    The Complainant and the 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.

I. FINDINGS OF FACT

    1.    Complainant is the Commissioner (hereinafter referred to as "Complainant") of the Indiana Department of Environmental Management, a department of the State of Indiana created by IC 13-13-1-1 (IC 13-7-2-11 prior to July 1, 1996).

    2.    Respondent is Aluminum Company of America (hereinafter referred to as "Respondent"), who owns and operates an aluminum melting and manufacturing facility at 3131 E. Main St., located in Lafayette, Indiana.

    3.    The Indiana Department of Environmental Management ("IDEM") has jurisdiction over the parties and subject matter of this action.

    4.    Respondent waives its right to issuance of a Notice of Violation and to the settlement period of sixty (60) days as provided by IC 13-30-3-3 (IC 13-7-11-2(b) prior to July 1, 1996).

            
    5.    Operation Condition # 5 of Operation Permit #157-4219 limits the particulate matter emissions, for Ingot Furnace # 2-6, to 1.89 pounds per hour.

    6.    On February 28-March 1, 1996, Respondent conducted a source test for particulate matter emissions on Ingot Furnace 2-6. The results of the source test were 3.86 lbs/hr of particulate matter emissions, an alleged violation of Operation Condition # 5 of Operation Permit # 157-4219.

    7.    On April 17-19, 1996, Respondent conducted a second source test for particulate         matter on Ingot Furnace 2-6. The results were 0.55 lbs./hr, below the allowable limit required by Operation Condition # 5 of Operation Permit #157-4219.

    8.    The Respondent believes that particulate matter emissions exceeded the permit         limit due to a five to eight minute heat stirring procedure that was performed toward the very end of the melting cycle when there was skim still on the surface of the molten metal.

    9.    In recognition of the settlement reached, Respondent waives any right to administrative and judicial review of this Agreed Order.

    10.    In agreeing to enter into this Agreed Order pursuant to IC 13-30-3-3 (IC 13-7-11-         2(b)prior to July 1, 1996), the Respondent does not admit the alleged violation         occurred.

II. ORDER

    1.    This Agreed Order shall be effective ("Effective Date") when it is approved by the Complainant or his delegate, and has been received by the Respondent. This Agreed Order shall have no force or effect until the Effective Date.

    2.    The Respondent shall adopt the following work practices:

        Ingot melting and holding furnaces shall be:
            A. Skimmed after alloying if skim is over approximately one (1) inch             thick and covers more than fifty (50) per cent of the bath.

            B. Skimmed before a heat stir if the skim is over approximately one (1)             inch thick and covers more than fifty (50) per cent of the bath.

    3.    The work practices described in paragraph # 2 shall be incorporated into the plant         standard operating practice manual as environmental air quality requirements.

    4.    The work practices described in paragraph # 2 shall be reviewed with the         Respondent's appropriate operating personnel on an annual basis.

    5.    Descriptions of work practices, other than those described in Paragraph # 2, for         meeting operation condition # 5 of Operation Permit #157-4219 shall be submitted to the complainant within sixty days of implementation.

    6.    All submittals required by this Agreed Order, unless notified otherwise in writing, shall be sent to:
        
        Office of Enforcement
        Indiana Department of Environmental Management
        100 N. Senate Avenue
        P. O. Box 6015
        Indianapolis, IN 46206-6015

    7.    Respondent is assessed a civil penalty of Seven Thousand Dollars ($7,000.00). Said penalty amount shall be due and payable to the Environmental Management Special Fund within thirty (30) days of the Effective Date of this Agreed Order.

    8.    Civil penalties are payable by check to the Environmental Management Special Fund. Checks shall include the Cause Number of this action and shall be mailed to:

            Cashier
            IDEM
            100 N. Senate Avenue
            P. O. Box 7060
            Indianapolis, IN 46206-7060

    9.    In the event that the civil penalty required by paragraph 7 is not paid within thirty (30) days of the Effective Date of this Agreed Order, Respondent shall pay interest on the unpaid balance at the rate established by IC 24-4.6-1-101. The interest shall continue to accrue until the civil penalty is paid in full.

    10.    This Agreed Order shall apply to and be binding upon the Respondent, its officers, directors, principals, agents, successors, subsidiaries, and assigns. The Respondent's signatories to this Agreed Order certify that they are fully authorized to execute this document and legally bind the parties they represent. No change in ownership, corporate, or partnership status of the Respondent shall in any way alter its status or responsibilities under this Agreed Order.

    11.    In the event that any terms of the 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 the Agreed Order did not contain the invalid terms.

    12.    The 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.

    13.    This Agreed Order shall remain in effect until Respondent has complied with all terms and conditions of this Agreed Order or until the conditions of this Agreed Order are superseded by conditions contained in a final state construction or operation permit.

TECHNICAL RECOMMENDATION:        RESPONDENT:
Department of Environmental Management

By: _________________________            By: _________________________
Patrick Carroll
Office of Enforcement                Printed: ______________________

                            Title: ________________________

Date: ________________________            Date: ________________________

COUNSEL FOR COMPLAINANT:            COUNSEL FOR RESPONDENT:
Department of Environmental Management

By: _________________________            By: ________________________
Office of Legal Counsel                
Department of Environmental Management

Date: _______________________            Date: ______________________

APPROVED AND ADOPTED BY THE INDIANA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT THIS _____ DAY OF ____________________, 199___.

                            For the Commissioner:

                            Signed April 8, 1997
                            Patrick Carroll
                            Director
                            Office of Enforcement

Converted by Andrew Scriven