STATE OF INDIANA

COUNTY OF MARION

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SS:

BEFORE THE INDIANA DEPARTMENT
OF ENVIRONMENTAL MANAGEMENT

 

COMMISSIONER OF THE DEPARTMENT
OF ENVIRONMENTAL MANAGEMENT,

Complainant,

v.

STEEL DYNAMICS, INC.,

Respondent.

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Case No. 2003-12992-A

Case No. 2003-15028-A

Case No. 2003-15029-A

Case No. 2004-15032-A
Case No. 2005-15033-A
Case No. 2005-15472-A

 

 

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.

 

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 Indiana Code (“IC”) 13-13-1-1.

 

2.                  Respondent is Steel Dynamics, Inc. ("Respondent"), which owns and operates the stationary steel mini-mill with United States Environmental Protection Agency (EPA) ID No. 183-00030, located at 2601 County Road 700 East, in Columbia City, Whitley 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 via Certified Mail to:

 

Mr. Keith Busse, President and Registered Agent

Steel Dynamics, Inc.

6714 Pointe Inverness Way, Suite 200

Fort Wayne, Indiana  46804

 

a.      on March 24, 2006, in Case No. 2003-12992-A;

b.      on March 16, 2006, in Case No. 2003-15028-A;

c.      on April 12, 2006, in Case No. 2003-15029-A;

d.      on March 24, 2006, in Case No. 2004-15032-A;

e.      on March 24, 2006, in Case No. 2005-15033-A;

f.        on May 12, 2006, in Case No. 2005-15472-A.

 

5.                  During an investigation conducted by a representative of IDEM, the following violations were found:

 

a.         Pursuant to Condition D.1.11(e) of Permit 183-12692-00030, issued on January 10, 2001, (“Permit”), Respondent shall not allow fluorides emitted from the electric arc furnace to be equal to or greater than 0.68 pound per hour.  Pursuant to Condition D.1.12(b) of Permit 183-18426-00030, issued on November 21, 2005, (“Current Permit”), fluorides emissions from the electric arc furnace baghouse stack shall not exceed 0.01 pounds per ton of steel and 2.09 pounds of fluorides per hour based on a three (3) hour block average.

 

The Respondent conducted stack testing on the electric arc furnace on February 18-20, 2003.  The test results indicated that averaged measured fluorides emissions from the electric arc furnace stack were 11.29 pounds per hour, a violation of Condition D.1.11(e) of the Permit and Condition D.1.12(b) of the Current Permit.

 

Respondent contends that this fluorides test result was impacted when a bag of fluorspar ruptured while being added to the molten steel at the time of the test.  Respondent has since tested in compliance with the fluorides emission limit in the Current Permit.

 

b.         Pursuant to Condition D.7.3 of the Permit, fugitive dust emissions shall be controlled such that the visible emission limitation of five percent (5%) opacity based on a six (6) minute average for digging skull slag pits is not exceeded.

 

The Respondent conducted opacity testing on May 16, 2003.  The test results indicated the highest observed opacity from digging skull slag pits was ten and six tenths percent (10.6%) based on a six (6) minute average, a violation of Condition D.7.3 of the Permit.

 

Respondent contends that this opacity test result was impacted by the partial enclosure present over much of the facility’s slag processing operations

 

6.                  This Agreed Order, and compliance with its terms and conditions, shall resolve all violations cited in the Notices of Violation issued to Respondent listed in Findings of Fact Paragraph No. 4.

 

7.                  Pursuant to 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.

 

8.                  In recognition of the settlement reached, Respondent 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 Respondents.  This Agreed Order shall have no force or effect until the Effective Date.

 

2.                  Respondent shall comply with all applicable terms and conditions of Permit No. 183-18426-00030, issued on November 21, 2005 (“Current Permit”).

 

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

 

Janusz Johnson, Enforcement Case Manager

Office of Enforcement – Mail Code 60-02

Indiana Department of Environmental Management

100 North Senate Avenue

Indianapolis, IN 46204-2251

 

4.                  Respondent is assessed a civil penalty of Twenty Three Thousand dollars ($23,000).  Said penalty amount shall be due and payable to the Environmental Management Special Fund within thirty (30) days of the Effective Date.  In the event that the civil penalty is not paid within thirty (30) days of the Effective Date, 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.

 

5.                  Civil penalties are payable by check to the “Environmental Management Special Fund.”  Checks shall include the Case Numbers of this action and shall be mailed to:

 

Indiana Department of Environmental Management

Cashier – Mail Code 50-10C

100 North Senate Avenue

Indianapolis, IN 46204-2251

 

6.                  This Agreed Order shall apply to and be binding upon the Respondent and its successors and assigns.  Respondent’s signatory to this Agreed Order certifies that he or she is fully authorized to execute this Agreed Order and legally bind the Respondent.  No change in ownership, corporate or partnership status of Respondent shall in any way alter its status or responsibilities under this Agreed Order.

 

7.                  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.

 

8.                  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 the Respondent pursuant to this Agreed Order, shall not in any way relieve the Respondent of its obligation to comply with the requirements of its applicable permit or any applicable Federal or State law or regulation.

 

9.                  Complainant does not, by its approval of this Agreed Order, warrant or aver in any manner that the 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 the Respondent may incur as a result of the Respondent’s efforts to comply with this Agreed Order.

 

10.             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 as expressly specified in this Agreed Order, including that IDEM may not, and hereby waives its right to, seek additional civil penalties for the same violations specified in the Notices of Violation.

 

11.             Nothing in this Agreed Order shall prevent IDEM or anyone acting on its behalf from communicating with the 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 the Respondent may incur as a result of such communications with the EPA or any other agency or entity.

 

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

 

 

TECHNICAL RECOMMENDATION:

 

RESPONDENT:

Department of Environmental Management

 

Steel Dynamics, Inc.

 

 

 

By:

 

 

By:

 

 

Craig Henry

 

Printed:

 

 

Chief, Air Section

 

Title:

 

 

Office of Enforcement

 

 

 

Date:

 

 

Date:

 

 

 

 

 

 

 

 

 

COUNSEL FOR COMPLAINANT:

 

COUNSEL FOR RESPONDENT:

For the Department of Environmental Management

 

as to form only:

 

 

 

By:

 

 

By:

 

 

 

 

 

 

 

Deputy Attorney General

 

 

 

Date:

 

 

Date:

 

 

 

 

 

 

APPROVED AND ADOPTED BY THE INDIANA DEPARTMENT OF ENVIRONMENTAL

MANAGEMENT THIS

 

DAY OF

 

, 2007.

 

 

For The Commissioner:

 

 

 

Signed on May 16, 2007

 

Robert B. Keene

 

Assistant Commissioner

 

Office of Legal Counsel and Enforcement