STATE OF
INDIANA |
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BEFORE THE
INDIANA DEPARTMENT |
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COMMISSIONER
OF THE DEPARTMENT Complainant, v. UNITED
STATES STEEL, 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 Indiana created by Indiana Code (“IC”) 13-13-1-1.
2.
Respondent is United States Steel Corporation
(“Respondent”), which owns and operates the stationary integrated steel mill
with Plant ID No. 089-00121, located at One North Broadway, in Gary, Lake
County, Indiana (“Site”).
3.
IDEM has jurisdiction over the parties and the
subject matter of this action.
4.
Respondent waived issuance of a Notice of
Violation on August 3, 2018 as provided for by IC 13-30-3-3 for the violations
identified in Findings of Fact, Paragraph No. 5.
5.
During report reviews conducted by a representative
of IDEM, the following violations were found:
a. Pursuant to Part 70 Operating Permit No.
089-37377-00121, Condition C.5(k) and corresponding conditions in subsequent
permits, any facility or operation not
specified in 326 IAC 6.8-10-3 shall meet a twenty percent (20%), three (3)
minute average opacity standard.
Respondent exceeded the twenty percent (20%), three (3) minute average opacity
standard on June 26, 2017, July 17, 2017, and August 30, 2017 for No. 1 BOP
Roof Monitor and on July 6, 2017 for No. 2 QBOP Roof Monitor, in violation of
Part 70 Operating Permit No. 089-37377-00121, Condition C.5(k) and
corresponding conditions in subsequent permits.
b. Pursuant to Part 70 Operating Permit No.
089-37377-00121, Condition D.29.1 and corresponding conditions in subsequent
permits, The Particulate Matter (PM) from the iron ore pellet screening plant,
identified as South Plant unit 02 shall be limited to a total of less than 18.7
tons per twelve consecutive month period, with compliance determined at the end
of each month.
Respondent exceeded the PM limit of 18.7
tons per twelve consecutive month period from the iron ore screening plant,
identified as South Plant unit 02 from August 1, 2017 to February 28, 2018, in
violation of Part 70 Operating Permit No. 089-37377-00121, condition D.29.1 and
corresponding conditions in subsequent permits.
c.
Pursuant to Part 70 Operating Permit No.
089-37377-00121, Condition C.12(a) and corresponding conditions in subsequent
permits, Respondent shall perform the inspections, monitoring and record
keeping in accordance with the information in 326 IAC 6.8-8-5 through 326 IAC
6.8-8-7 or applicable procedures in the Continuous Compliance Plan (CCP).
Respondent failed to complete daily
baghouse inspections subject to the CCP on 58 days from January 1, 2017 to
August 30, 2017, in violation of Part 70 Operating Permit No. 089-37377-00121,
Condition C.12(a) and corresponding conditions in subsequent permits.
d.
Pursuant to Part 70 Operating Permit No.
089-38534-00121, Condition D.32.5, A quarterly report of the pilot test air
sparging system hours of operation shall be submitted not later than thirty
(30) days after the end of the quarter being reported.
Respondent failed to submit the third (3rd)
quarter 2017 report of the pilot test air sparging system hours of operation no
later than thirty (30) days after the end of the quarter, in violation of Part
70 Operating permit No. 089-38534-00121, Condition D.32.5.
e.
Pursuant to Part 70 Operating Permit No.
089-38534-00121, Condition D.9.12(e) and corresponding conditions in subsequent
permits, The instrument used for determining the pressure and flow rate shall
comply with Section C – Instrument Specifications, of this permit, shall be
subject to approval by IDEM, OAQ, and shall be calibrated or replaced at least
once every six (6) months or other time period specified by the manufacturer.
Respondent failed to calibrate the No. 2
QBOP SEC Baghouse inlet pressure sensor by the March 31, 2018 due date, in
violation of Part 70 Operating permit No. 089-38534-00121, Condition D.9.12(e)
and corresponding conditions in subsequent permits.
f.
Pursuant to Part 70 Operating Permit No.
089-38534-00121, Condition F.10.2 and 40 CFR 63, Subpart CCC, §63.1157, no
owner or operator of an existing affected continuous or batch pickling line at
a steel pickling facility shall cause or allow to be discharged into the atmosphere
from the affected pickling line any gases that contain Hydrochloric Acid (HCl)
in a concentration in excess of 18 parts per million by volume (ppmv).
During compliance testing of the 80 inch
Pickle Line, identified as HMPO0589 on January 24, 2018 Respondent demonstrated
HCl emissions of 35.4ppmv, in violation of Part 70 Operating Permit No.
089-38534-00121, Condition F.10.2 and 40 CFR 63, Subpart CCC, §63.1157.
6.
Respondent applied for a permit modification on
October 17, 2017 to revise calculation for determining the 12-month rolling PM
emissions for the iron ore screening plant, identified as South Plant unit 02,
and was issued Significant Source Modification 089-39176-00121 on March 19,
2018.
7.
Respondent retested the 80 inch Pickle Line,
identified as HMPO0589 on July 10, 2018. The report was received by IDEM on
August 10, 2018 with a review of the results indicating compliance.
8.
Respondent has retrained employees regarding
required inspections of pollution control equipment; and updated its electronic
tracking of inspections to better ensure that inspections are completed.
9.
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 comply with rules and permit
conditions listed in the findings above at issue.
3.
All submittals required by this Agreed Order,
unless Respondent is notified otherwise in writing by IDEM, shall be sent to:
Jennifer Bailey, Case Manager |
Compliance and Enforcement Branch –
Mail Code 61-53 |
Indiana Department of Environmental
Management |
100 North Senate Avenue |
Indianapolis, IN 46204-2251 |
4.
Respondent is assessed and agrees to pay a civil
penalty of Sixty-six Thousand, One Hundred Twenty-three Dollars ($66,123). 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”.
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:
IDEM
Office of Legal Counsel |
IGCN,
Rm N1307 |
100
N Senate Ave |
Indianapolis,
IN 46204 |
6.
This Agreed Order shall apply to and be binding
upon Respondent and its successors and assigns. Respondent’s signatories to
this Agreed Order certify that they are fully authorized to execute this Agreed
Order and legally bind the party they represent. 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 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 5, above.
8.
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.
9.
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.
10.
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 permits or any applicable Federal or State law
or regulation.
11.
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.
12.
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 Findings of Fact.
13.
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.
14.
This Agreed Order shall remain in effect until
IDEM issues a Resolution of Case letter to Respondent.
TECHNICAL
RECOMMENDATION: |
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RESPONDENT: |
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Department
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United States Steel Corporation |
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David
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Office
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COUNSEL
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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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2019. |
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For
the Commissioner |
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Signed
on August 9, 2019 |
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Matthew
Stuckey, Deputy Assistant Commissioner |
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Office
of Air Quality |
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Indiana
Department of Environmental Management |
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