STATE OF |
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BEFORE THE INDIANA DEPARTMENT |
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COMMISSIONER OF THE DEPARTMENT Complainant, v. STEEL DYNAMICS, INC., 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 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
2.
Respondent is Steel Dynamics, Inc. (“Respondent”),
which owns and operates the direct reduced iron facility (“Iron Dynamics
Division”), with I.D. No. 033-00076, located at
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:
Mr. Keith
Busse, President & Registered Agent |
Steel
Dynamics, Inc. |
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5.
During an investigation conducted by a representative
of IDEM based on information reported by Respondent in the Annual Compliance
Certification required to be submitted for operations during the 2006 calendar
year pursuant to Part 70 Permit No. 033-12614-00076 (“Part 70 Permit”), the
following violations were found:
a. Pursuant to 326 IAC 2-2-3, Significant
Source Modification No. 033-15955-00076 as modified by Amendment No.
033-17732-00076 and Condition D.2.6 of the Part 70 Permit, the baghouses for
particulate matter/particulate matter 10 microns or less in aerodynamic
diameter (“PM/PM10”) and lead control shall be in operation and control
emissions from the Rotary Hearth Furnace fugitives and briquetters at all times
the Rotary Hearth Furnace and briquetters are in operation.
Respondent
failed to operate the baghouse controlling the Rotary Hearth Furnace fugitives
and briquetters while these processes were in operation, in violation of 326
IAC 2-2-3, Significant Source Modification No. 033-15955-00076 as modified by
Amendment No. 033-17732-00076 and Condition D.2.6 of the Part 70 Permit.
b. Pursuant to Construction Permit No.
033-9187-00043 and Condition D.3.14(b)(1) of the Part 70 Permit, Respondent
shall have a certified visible emission observer observe opacity of the visible
emissions from the Submerged Arc Furnace (SAF) Stack 58 at least once per day
when the SAF is operating. Records shall
be maintained of the visible emission observations pursuant to Conditions
D.3.14(b)(1) and D.3.18(b) of the Part 70 Permit .
Respondent
failed to take and/or record opacity observations of the visible emissions from
Stack 58 at least once per day when the SAF was operating, in violation of
Construction Permit No. 033-9187-00043
and Conditions D.3.14(b)(1) and D.3.18(b) of the Part 70 Permit.
c. Pursuant to Construction Permit No.
033-9187-00043 and Conditions D.3.16(a) and D.3.18(e) of the Part 70 Permit,
Respondent shall record the pressure drop and flow rate of the scrubber used in
conjunction with the SAF at least once per day when the SAF is in operation.
Respondent
failed to record the pressure drop and flow rate of the scrubber used in
conjunction with the SAF at least once per day when the SAF was in operation,
in violation of Construction Permit No. 033-9187-00043 and Conditions D.3.16(a)
and D.3.18(e) of the Part 70 Permit.
d. Pursuant to Condition D.4.5(a) of the
Part 70 Permit, Respondent shall perform visible emission notations of the
receiving shed and railcar dumper Stacks 67 and 68 exhaust once per day during
normal daylight operations and a trained employee shall record whether
emissions are normal or abnormal.
Pursuant to Condition D.4.8(a) of the Part 70 Permit, Respondent shall
maintain records of visible emission notations of the shed and railcar dumper
Stacks 67 and 68 exhaust.
Respondent
failed to perform and/or record visible emission notations of the receiving
shed and railcar dumper Stacks 67 and 68 exhaust, in violation of Conditions
D.4.5(a) and D.4.8(a) of the Part 70 Permit.
e. Pursuant to Conditions D.4.6(a) and
D.4.8(b) of the Part 70 Permit, Respondent shall record the pressure drop
across the baghouse used in conjunction with the railcar unloading shed and
rail car dumper at least once per day when these processes are in operation.
Respondent
failed to record the pressure drop across the baghouse used in conjunction with
the railcar unloading shed and rail car dumper at least once per day when these
processes were in operation, in violation of Conditions D.4.6(a) and D.4.8(b)
of the Part 70 Permit.
f. Pursuant to Condition D.8.7(a) of the
Part 70 Permit, Respondent shall perform visible emission notations of the
Stack 80 exhaust once per day during normal daylight operations and a trained
employee shall record whether emissions are normal or abnormal. Pursuant to Condition D.8.8(a) of the Part 70
Permit, Respondent shall maintain records of visible emission notations of the
Stack 80 exhaust.
Respondent
failed to perform and/or record visible emission notations of the Stack 80
exhaust, in violation of Conditions D.8.7(a) and D.8.8(a) of the Part 70
Permit.
6.
This Agreed Order, and compliance with its terms and
conditions, shall resolve all violations listed in Findings of Fact Paragraph
No. 5 and/or cited in the Notice of Violation issued to Respondent.
7.
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 Respondent. This Agreed
Order shall have no force or effect until the Effective Date.
2.
Respondent shall control PM/PM10 and lead emissions
from the Rotary Hearth Furnace fugitives and briquetters while these processes
are in operation as required by Condition D.2.6 of the Part 70 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 Resource Manager |
Office of
Air Quality, Compliance and Enforcement Branch |
Mail Code
61-50 Indiana
Department of Environmental Management |
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4.
Respondent
is assessed a civil penalty of Nine Thousand Two
Hundred dollars ($9,200). 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 Number of this action and shall be mailed
to:
Indiana
Department of Environmental Management |
Cashier –
Mail Code 50-10C |
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6.
This Agreed Order shall apply to and be binding upon
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 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.
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.
9.
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 its obligation to
comply with the requirements of its applicable permit or any applicable Federal
or State law or regulation.
10.
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.
11.
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 same violations specified in the Notice of Violation issued
to Respondent or this Agreed Order.
12.
Nothing in this
Agreed Order shall prevent IDEM 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 Respondent may incur as a result of
such communications with the EPA or any other agency or entity.
13.
This Agreed
Order shall remain in effect until Respondent complies with the terms of Order
Paragraph No. 4. IDEM will issue a
Resolution of Case letter to Respondent thereafter.
TECHNICAL RECOMMENDATION: |
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RESPONDENT: |
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Department of Environmental
Management |
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Steel Dynamics, Inc. |
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By: |
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By: |
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Roger Letterman, Chief |
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Printed: |
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Compliance and Enforcement Section
3 |
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Title: |
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Office of Air Quality |
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COUNSEL FOR COMPLAINANT: |
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COUNSEL FOR RESPONDENT: |
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For the Department of
Environmental Management |
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as to form only |
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By: |
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By: |
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Deputy Attorney General |
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Date: |
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Date: |
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APPROVED AND ADOPTED BY THE
INDIANA DEPARTMENT OF ENVIRONMENTAL |
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MANAGEMENT THIS |
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DAY OF |
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, 2009. |
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For the Commissioner: |
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Signed on November 20, 2009 |
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Daniel Murray |
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Assistant Commissioner |
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Office of Air Quality |
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