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STATE OF INDIANA |
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BEFORE THE INDIANA DEPARTMENT OF |
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COUNTY OF MARION |
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ENVIRONMENTAL MANAGEMENT |
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COMMISSIONER OF THE DEPARTMENT |
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OF ENVIRONMENTAL MANAGEMENT, |
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Complainant, |
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v. |
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Case # 2014-22302-H |
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STEEL DYNAMICS, INC, |
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Respondent. |
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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.
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. – Flat
Roll Group, Butler Division (“Respondent”), which
owns/operates the facility
with United States Environmental Protection Agency (EPA) ID
No.
INR 000 001 099, located at
4500 County Road 59 in Butler, DeKalb 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) dated
September 17, 2014 via Certified Mail to:
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Mr.
Mark D. Millett,
President |
Ms.
Theresa E. Wagler, Registered Agent |
|
Steel Dynamics, Inc. |
for Steel
Dynamics, Inc. |
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7575
W. Jefferson Boulevard |
7575
W. Jefferson Boulevard |
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Fort Wayne, IN
46804 |
Fort Wayne, IN
46804 |
5.
Respondent
provided a response to this NOV
on November 13, 2014.
6.
Respondent
notified EPA of Large Quantity
Generator activities on April 25, 1995.
7.
Respondent
operates a flat-roll mini-steel mill for the production of rolled steel products. Manufacturing operations at the facility include
scrap melting, fluxing,
casting, rolling, coil, cleaning and coating,
acid pickling, hot-dip zinc-coating,
paint line coating, gauge reduction, annealing, and tempering.
8.
Other facilities
are
operating onsite:
·
Iron
Dynamics, a division of SDI (IDD)
is where direct reduced iron (DRI) is produced. IDD
operates a Rotary
Hearth Furnace
(RHF) and a Submerged Arc Furnace
(SAF). Slags are generated from the SAF.
·
Butler
Mill is a slag processing facility operated by a contractor. Butler
Mill takes slag from the various furnaces
at SDI and IDD including the electric
arc furnace (EAF), SAF,
and the ladle metallurgical
furnace (LMF). These slags are processed by Butler Mill for various uses but
mostly for roadway projects. The slag that is not sold is used for berming at various sites throughout Respondent’s
property, mostly to the
northwest corner of Respondent’s property.
9.
329 IAC
3.1 incorporates certain
federal hazardous waste management
requirements found in 40 CFR Parts
260 through 270, and
Part 273 including these identified below.
10.
During
an investigation
including an inspection on March 24 and April
2, 2014, 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 hazardous.
As
noted during the April 2, 2014 inspection, Respondent did not conduct a
proper waste determination
on the green-colored liquid observed in the decon pit. This liquid was
generated from the
triple rinsing of product totes mainly from the
Galvanizing Department as
well as the Hot Mill Coiler.
Containers and totes
waiting to be deconned
in this area were of various
chemicals including the following: Bondrite
Alkaline C-AK 1200 Cleaner, Bondrite 1421
A Replenisher M-CR 1402 W Chromate Trt (phosphoric
acid 75%), EP 460 gear
oil, M-ZN 742- AE zinc phosphate, 2 Metlube 2200 EP, Techni-Kool 200, BR C-MC
2550 Maintenance Cleaner, Bulk
RP 9100 Corrosive Ammonium Dichromate, Craft.
Max-Butyl
degreaser, and 40-50 totes mostly labeled, “Used Oil”. Bondrite 1421 and
other chrome-based liquids are listed as
hazardous waste in Appendix 9 of Respondent’s Contingency Plan. Many of the
Safety Data Sheets (SDS) for the chemicals
list incompatible materials, many of which were at the Decon Pit already deconned or
to be deconned
at the time of the inspection. Respondent’s representative
stated during the inspection waste
profiles were available for each potential waste stream coming from the Decon Pit.
During the April 2, 2014 inspection, a waste determination
was requested for the green-liquid in the decon pit. On
April 4, 2014 an email
was submitted
to IDEM indicating that the Decon Pit had been closed
down and all the wastes observed in the pit were taken to the wastewater treatment plant as well as the totes without conducting a waste determination
on the material from the
pit. In another
email submitted April 17,
2014 the Respondent’s representative stated that all the materials
in the totes have been
profiled because they are typically
used in processes that either discharge to water treatment or are used
in other processes for which there is a profile.
List
of waste streams and profiles of wastes taken to the
sludge pit have been submitted however, this did not include
analytical information and did
not include the Decon
Pit waste. SDI did
provide sample results for the wastewater treatment
filter cake after the Decon pit waste was
taken to the onsite
wastewater treatment plant.
b.
Pursuant
to 40 CFR 262.34(a)(3), a generator
may
accumulate hazardous waste on-site
for 90 days or less without a
permit, provided that, while being accumulated on-site, each container and tank is labeled or marked clearly with the words "Hazardous
Waste."
As
noted during the inspections, Respondent accumulated hazardous waste on- site,
without a permit, and did
not label or clearly mark a hazardous waste tank with the
words "Hazardous
Waste." Specifically, the south hazardous
waste silo (Silo 5B) used
to store electric arc furnace (EAF) dust
was labeled with the words indicating that the waste becomes a hazardous waste (K061) when it exits the tank. The tank
must be labeled
“Hazardous Waste”.
Respondent
contends the signage at
the time of the inspection satisfied
the basic requirement
that the silo be labeled with
the words “Hazardous Waste” because
the label on the silo contains those key words. However,
Respondent ordered new
signage as noted with one that says
simply “Hazardous Waste.”
c.
Pursuant
to 40 CFR 262.34(a)(1)(ii) referencing 40
CFR 265.192(a), a generator with a new
tank system must have a written
assessment certified by an independent,
qualified, registered, professional engineer in accordance with 40
CFR 270.11(d) attesting that
the system has sufficient structural integrity.
As
noted during the inspections, Respondent did not provide the required written integrity assessment for hazardous waste silo (5C), installed in 2008, used to store EAF dust
(K061). The assessment was
conducted after the April 2, 2014 inspection and
submitted via email on April 9, 2014. Subsequent
information was submitted on August 25, 2015 and September 21, 2015 for
IDEM to review.
d.
Pursuant
to 329 IAC 13-4-3(d), generators
must label all used oil containers and aboveground tanks with the words “Used Oil.”
As
noted during the inspections, Respondent did not label twelve (12) fifty-five
(55) gallon containers of used oil
with the words “Used Oil.” The drums were labeled
subsequent to the inspection
per photograph sent via email March
26, 2014.
e.
Pursuant
to IC
13-30-2-1(3), no person shall deposit
any contaminants upon the land
in a place and manner that creates
or would create a pollution hazard that violates
or would violate 329 IAC
10-4-2.
Pursuant
to IC
13-30-2-1(4), no person shall
deposit or cause or allow the
deposit of any contaminants or solid waste upon the land, except through
the use of sanitary landfills,
incineration, composting, garbage grinding,
or another method
acceptable to the solid waste management board.
Pursuant
to 329 IAC 10-4-2, no person shall cause or allow the storage,
containment, processing, or disposal of solid waste in
a manner which creates a
threat to human health or
the environment, including
the creating of a fire hazard,
vector attraction, air or water pollution, or other contamination.
As noted during the
inspection, Respondent
deposited contaminants, including, but not limited to white milky
liquid observed at several locations coming from the slag pile at the
northwest corner of the facility
upon the land in a place and manner that
that creates or would create
a pollution hazard that violates or would violate 329 IAC 10-4-2.
Depending on
the location of the seepage from the slag piles, the white milky liquid drained
north, south or west in ditches
along CR 55. The white
milky liquid was observed
from areas of the slag piles
with and without vegetative cover.
The white milky liquid was draining to
ditches not included in the NPDES/stormwater monitoring permit. The white
milky liquid was draining to ditches along CR 55 and draining via drainage tiles under the road to other properties. Respondent
has purchased these properties.
11.
Respondent
addressed the issues of the slag
piles north of IDD and at
the northwest corner that stretches
from north to south along CR 55 and north
of former CR 42 of the property noted at
the time of the March 24, 2014 and April 2, 2014 inspections. An inspection conducted on June 25, 2015 noted the berm had been seeded and established with vegetation.
12.
In recognition
of the settlement reached, Respondent waives any right to administrative and judicial review
of this Agreed 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/or rules listed
in the findings above.
3.
Upon the Effective
Date, Respondent shall comply
with 40 CFR 262.11. Specifically, Respondent
shall ensure that a proper waste
determination is made for all solid waste at the point of generation.
4.
Upon
the Effective Date, Respondent
shall ensure compliance with 40 CFR 262.34(a)(3). Specifically, Respondent shall ensure hazardous waste tanks and containers are clearly labeled or marked
with the words “Hazardous Waste”.
5.
On September 10, 2015, Respondent submitted additional information requested by IDEM for
the tank integrity assessment
for Tank Silo 5C. This information
is currently under review by IDEM.
6.
Upon
the Effective Date, Respondent
shall ensure compliance with 329 IAC 13-4-3(d), Specifically,
Respondent shall ensure all used oil containers and aboveground tanks are labeled
with the words “Used Oil.”
7.
Upon
the Effective Date, Respondent
shall ensure that the
berm north of IDD and at
the northwest corner that
stretches from north to south along CR 55 and north
of former CR 42
of the property is maintained with adequate vegetation.
8.
All
submittals required by this Agreed Order,
unless Respondent is notified otherwise in writing by IDEM,
shall be sent to:
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Christina
Halloran, Enforcement Case Manager 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 |
9.
Respondent
is assessed
and agrees to pay a civil penalty of Twenty Three Thousand Six Hundred Dollars ($23,
600). Said penalty amount
shall be due and payable to the Environmental
Management Special Fund within thirty (30) days
of the Effective Date; the 30th
day being the “Due
Date”.
10.
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:
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Indiana Department of Environmental Management Office of
Legal Counsel |
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IGCN, Room N1307 |
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100
North Senate Avenue Indianapolis, IN 46204 |
11.
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 interest on
the unpaid balance at the
rate established by IC
24-4.6-1. The interest shall be computed as having accrued from
the Due Date until the date that Respondent
pays any unpaid balance. Such
interest shall be payable to the Environmental Management Special Fund, and shall be payable to IDEM in the
manner specified in Paragraph 10, above.
12.
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/she is fully authorized to execute this Agreed Order and
legally bind the party he/she
represents represent. No change
in ownership, corporate,
or partnership
status of Respondent shall in any
way alter its status or responsibilities
under this Agreed Order.
13.
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.
14.
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.
15.
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 their obligation to comply with the
requirements of their applicable permits or any applicable Federal
or State law or regulation.
16.
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.
17.
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 NOV.
18.
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
Respondent may incur as
a result
of such communications with
the EPA or any other agency or entity.
19.
This
Agreed Order shall remain in
effect until Respondent pays
the civil penalty in Order
paragraph 9. IDEM will
then issue a Resolution of Case letter to
Respondent.
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TECHNICAL
RECOMMENDATION: |
RESPONDENT: |
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Department of Environmental
Management |
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By:
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By: _________________________ |
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Nancy
Johnston, Section Chief |
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Enforcement
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Printed:
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Office of
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Title:
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Date: __________________ |
Date:
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COUNSEL FOR RESPONDENT: |
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By:
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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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For
the Commissioner: |
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Signed
10/07/2015 |
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Bruce H Palin |
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Assistant
Commissioner |
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Office
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