VIA CERTIFIED MAIL#

To:    Keith Busse, President and Registered Agent
    Steel Dynamics, Inc.
    4500 County Road 59
    Butler, IN 46721
    

    Designated representatives of the Indiana Department of Environmental Management (IDEM) reviewed emissions test results which indicated that Steel Dynamics, Inc., located at 4500 County Road 59, in Butler, Indiana, (Respondent) has violated the following provisions of Construction Permit No. 033-3692:

    Operation Condition No. 5, in relevant part, limits particulate matter (PM) and PM10 emissions from the electric arc furnace (EAF) baghouse to 28.8 pounds per hour.

    Operation Condition No. 7, in relevant part, limits PM and PM10 emissions from the EAF baghouse to 0.0032 grains per dscf at an air flow rate of 1.3 million acfm.

    Operation Condition No. 10, in relevant part, limits nitrogen oxide(s) (NOx) emissions from the EAF baghouse to 0.51 pounds per ton of steel produced.

    Operation Condition No. 12, in relevant part, limits volatile organic compound (VOC) emissions from the EAF baghouse to 0.13 pounds per ton of steel produced.

    Operation Condition No. 13, in relevant part, limits sulfur dioxide (SO2) emissions from the EAF baghouse to 0.20 pounds per ton of steel produced.

    On September 19 and 20, 1996, this source retested at the EAF baghouse. The results from these tests indicated that Respondent had exceeded the permitted limits for NOx, SO2, and PM10 specified in construction permit No. 033-3692, operation conditions No. 10, 13, 7, and 5, violations of these permit conditions.

    In accordance with IC 13-30-3-3, the Commissioner is required to notify you in writing that the Commissioner believes a violation exists and offer you an opportunity to enter into an Agreed Order providing for the actions to correct the violation and for the payment of a civil penalty, if appropriate. The Commissioner is not required to extend this offer for more than sixty (60) days.

    If settlement is not reached within sixty (60) days of your receipt of this Notice, the Commissioner may issue an Order pursuant to IC 13-30-3-4, containing the actions you must take to achieve compliance, the required time frames, and an appropriate civil penalty. Pursuant to IC 13-30-4-1, the Commissioner may assess penalties of up to $25,000 per day of any violation.

    The timely entry into an Agreed Order will prevent the necessity of an Order of the Commissioner being issued or the filing of a civil court action. Advantages of entering into an Agreed Order are:

    1.    You may not be required to admit that any violation occurred.

    2.    The civil penalty may be less than that imposed under an Order of the Commissioner.

    To discuss this matter further, please contact the Enforcement Case Manager, Matthew Stuckey, at (317) 233-1134 within fifteen (15) days after receipt of this Notice to schedule a conference. If settlement is reached, an Agreed Order will be prepared and sent to you for review and signature.

                            FOR THE COMMISSIONER:

cc:     Jean Bauer, U.S. EPA Region 5
    Dekalb County Health Department
    Office of Legal Counsel
    Scott Stacy, Office of Air Management
    M. Doyle Hauser, Office of Air Management
    Matthew Stuckey, Office of Enforcement
    Enforcement File
    OAM Public File (Dekalb County)

Converted by Andrew Scriven