STATE OF INDIANA ) BEFORE THE INDIANA DEPARTMENT
) SS: OF ENVIRONMENTAL MANAGEMENT
COUNTY OF MARION )
COMMISSIONER OF THE DEPARTMENT )
OF ENVIRONMENTAL MANAGEMENT, )
)
Complainant, )
)
v. ) Case No. 2001-10506-H
)
STEEL DYNAMICS, INC., )
)
Respondent. )
AGREED ORDER
The Complainant and the 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 will not constitute a waiver of any defense, legal or equitable, which Respondent may have in any future administrative or judicial proceeding.
I. FINDINGS OF FACT
1. Complainant is the Commissioner ("Complainant") of the Indiana Department of Environmental Management, a department of the State of Indiana created by IC 13-13-1-1.
2. Respondent is Steel Dynamics, Inc. ("Respondent"), which operates the facility with U.S. EPA ID No. INR 000001099, located at 4500 County Road 59, in Butler, DeKalb County, Indiana ("Site").
3. The Indiana Department of Environmental Management ("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 on July 27, 2001, via Certified Mail to:
Keith E. Busse, President and Registered Agent
Steel Dynamics, Inc.
4500 County Road 59
Butler, Indiana 46721
5. Respondent notified the U.S. EPA of hazardous waste activities on April 25, 1995. Respondent produces carbon steel by using hot and cold rolled processes.
6. Inspections on December 29, 2000, and February 12, 2001, were conducted at the Site by representatives of IDEM’s Office of Land Quality ("OLQ"). The following violations were in existence or observed at the time of these inspections:
a. Pursuant to 40 CFR 262.11, a person who generates a solid waste must determine if that waste is hazardous. Respondent failed to make hazardous waste determinations on various sludge pit solids generated throughout the facility and on baghouse dust from the submerged arc furnace. On October 4, 2001, Respondent presented information to IDEM indicating that the hazardous waste determinations had been completed by the time of the IDEM inspection.
b. Pursuant to 40 CFR 262.34(a)(4) referencing 40 CFR 265.31 and/or IC 13-30-2-1(1) facilities must be maintained and operated to minimize the possibility of a fire, explosion, or any unplanned sudden or non-sudden release of hazardous waste to the air, soil, or surface water, which could threaten human health or the environment. No person shall discharge, emit, cause, allow, or threaten to discharge, emit, cause, or allow any contaminant or waste, including any noxious odor, either alone or in combination with contaminants from other sources, into the environment. Respondent allowed contaminants into the environment, including baghouse dust (K061) from the electric arc furnace (EAF) and baghouse dust from the submerged arc furnace and the rotary hearth furnace. Respondent failed to properly manage K061 hazardous waste to minimize the possibility of a release of hazardous waste to the environment. The following areas, although not necessarily all inclusive, were impacted by the releases:
i. At the <90-day silo baghouse dust (K061) storage area, baghouse dust (K061) was observed inside and outside of the truck loading area. Track out from transport trucks loaded with the baghouse dust (K061) was also observed leaving the loading area. Also at this location, there was a drain in the concrete area on the north side of the baghouse building. The drain leads to Solomon Shank Ditch;
ii. At the <90-day roll-off storage area, baghouse dust (K061) was observed on the soil around the roll-offs;
iii. At the area of the <90-day vac truck decontamination pit, baghouse dust (K061) was observed on the concrete pad and the soil surrounding the pit. K061 dust was also observed around the roll-off located at the pit area;
iv. At the area of the U-tube cooling tubes, baghouse dust (K061) was observed on the concrete pad and soil around the tubes;
v. At the area of the submerged arc furnace baghouse, dust was observed around the area under the baghouse;
vi. At the area of the rotary hearth furnace baghouse, dust was observed around the area under the baghouse; and
vii. At the area of the dropout chamber for the EAF, dropout material was observed outside the chamber and on the opposite site of the chamber, thereby threatening a release to the environment.
Respondent submitted reports to IDEM on October 4, 2001 and May 17, 2002, detailing the analytical results for the clean up of the releases described above. The clean up has been deemed acceptable by IDEM.
Respondent presented information regarding steps implemented at the facility to minimize the possibility of releases, particularly of baghouse dust, to IDEM on October 4, 2001 and January 22, 2002.
In addition, although the process generating the dropout material from the EAF dictates, in part, how the material can be managed at the area of the dropout chamber, Respondent will implement measures to minimize the possibility of a release to the environment from this area, such as by workers tracking out dropout material.
c. Pursuant to 40 CFR 262.34(a)(4) referencing 40 CFR 265.52, a facility’s contingency plan must include certain information. Respondent's contingency plan did not include all of the required information. Specifically, the contingency plan lacked the home addresses of those people listed as emergency coordinators and an evacuation route for the chromate rinsing operation area where the <90-day storage area for waste chrome solids and the two waste chromic acid tanks are located. On January 11, 2001, Respondent submitted the required information to IDEM.
d. Pursuant to IC 13-30-2-1(14), no person shall apply or allow the application of used oil to any ground surface, except for purposes of treatment in accordance with a permit issued by the department. Respondent allowed a release of used oil to the soil near the Hot Mill scale pit area of the plant.
e. Pursuant to 329 IAC 13-4-3(e), upon detection of a release of used oil to the environment, a generator must perform the clean-up steps as listed in this rule. Respondent failed to perform the clean-up steps as required by the rule upon the release of used oil to the soil near the Hot Mill scale pit area of the plant. Respondent submitted reports to IDEM on December 13, 2001 and May 17, 2002, detailing the analytical results for the clean up of the release described above. The clean up has been deemed acceptable by IDEM.
f. Pursuant to 40 CFR 262.34 (a)(1)(ii) referencing 40 CFR 265, Subpart J, a generator may accumulate hazardous waste in tanks on-site for ninety (90) days or less without a permit or without having interim status provided that the generator complies with the requirements of 40 CFR 265, Subpart J. Respondent failed to comply with the requirements of 40 CFR 265, Subpart J, for the decontamination pit which was being used to accumulate K061 hazardous waste. Since the date of the inspection, Respondent has taken the decontamination pit out of service.
g. Pursuant to 40 CFR 262.34(a)(1)(ii) referencing 40 CFR 265.192(a), a generator with a new tank system must have an integrity 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. Respondent did not provide the required integrity assessment for the following tank systems at the facility:
i. Three (3) 27,000-gallon above ground tanks used for storing waste pickle liquor (K062);
ii. One (1) 1500-gallon and one (1) 750-gallon above ground tanks used to store waste chromic acid (D002);
iii. The silo used to store EAF baghouse dust (K061); and
iv. The decontamination pit used to decontaminate vac trucks which are used to clean up baghouse dust (K061) spills.
Respondent submitted reports on October 4, 2001 and May 17,
2002, prepared by River's Bend Engineering, to address the tanks
used to store waste pickle liquor and waste chromic acid. The
reports have been deemed acceptable by IDEM. Since the date
of the inspection, Respondent has taken the decontamination pit
out of service.
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 the Complainant or her delegate, and has been received by the Respondent. This Agreed Order shall have no force or effect until the Effective Date.
2. Upon the Effective Date of the Agreed Order, Respondent shall take the following actions for the silo used to store EAF baghouse dust (K061):
i. Perform daily inspections for baghouse dust potentially spilled or tracked from the silo;
ii. Perform the clean up of spilled or tracked baghouse dust from the silo noted during the daily inspections;
iii. Maintain records of the daily inspections;
iv. Ensure that the baghouse dust does not remain in the silos for more than 90 days;
v. Maintain records of baghouse dust removal every 90 days;
vi. Maintain the pad to provide containment for a potential spill of at least twenty cubic yards of baghouse dust; and
vii. Label the silo with the words, "Hazardous Waste."
3. All submittals required by this Agreed Order, unless notified otherwise in
writing, shall be sent to:
Brenda Lepter, Enforcement Case Manager
Office of Enforcement
Indiana Department of Environmental Management
100 N. Senate Avenue
P. O. Box 6015
Indianapolis, IN 46206-6015
4. Respondent is assessed a civil penalty of Thirty Nine Thousand Forty Dollars ($39,040). Said penalty amount shall be due and payable to the Environmental Management Special Fund within thirty (30) days of the Effective Date of this Agreed Order.
5. The civil penalty is payable by check to the Environmental Management Special Fund. Checks shall include the Case Number of this action and shall be mailed to:
Cashier
IDEM
100 N. Senate Avenue
P. O. Box 7060
Indianapolis, IN 46207-7060
6. In the event that the civil penalty required by Order paragraph 4 is not paid within thirty (30) days of the Effective Date of this Agreed Order, 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.
7. This Agreed Order shall apply to and be binding upon the Respondent, its successors and assigns. The Respondent's signatories to this Agreed Order certify that they are fully authorized to execute this document and legally bind the parties they represent. No change in ownership, corporate, or partnership status of the Respondent shall in any way alter its status or responsibilities under this Agreed Order.
8. In the event that any terms of the 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 the Agreed Order did not contain the invalid terms.
9. The 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 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: ________________________
Nancy L. Johnston, Chief
Office of Enforcement Printed: __________________
Title: ________________________
Date: __________________________ Date: ________________________
COUNSEL FOR COMPLAINANT: COUNSEL FOR RESPONDENT:
Department of Environmental Management
By: ___________________________ By: ________________________
Office of Legal Counsel
Date: ___________________________ Date: ________________________
APPROVED AND ADOPTED BY THE INDIANA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT THIS _____ DAY OF _______________, 2002.
For the Commissioner:
Signed on 10/24/2002
___________________________
Felicia A. Robinson
Deputy Commissioner
For Legal Affairs