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. 2003-12934-H
)
UNITED STATES STEEL CORPORATION, )
)
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 shall not constitute a waiver of any defense, legal or equitable, which Respondent may have in any future administrative or judicial proceeding, except in a proceeding to enforce this Order.
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 United States Steel Corporation ("Respondent"), which owns and operates the facility, an integrated steel mill, with U.S. EPA ID No. IND 005 444 062, located at 1 North Broadway, in Gary, Lake 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, on June 26, 2003, IDEM issued a Notice of Violation via Certified Mail to:
Thomas J. Usher, President
United States Steel Corporation
600 Grant Street
Pittsburgh, Pennsylvania 15219
National Registered Agents, Inc.
Registered Agent for United States Steel Corporation
320 North Meridian Street
Indianapolis, Indiana 46204
Kenneth L. Mentzel, Manager of Environmental Controls
Mail Station #70
United States Steel Corporation
1 North Broadway
Gary, Indiana 46402
5. Respondent notified the U.S. EPA of Large Quantity Generator activities on July 31, 1980. Respondent is a fully integrated steel mill covering a 7-mile long area along Lake Michigan.
6. Inspections on March 26, 27, and 28, 2003, were conducted at the Site by a representative 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 262.34(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 an up-to-date integrity assessment for the 9,000-gallon (D002) hazardous waste aboveground tank located in the Tin Mill Area.
On May 8, 2003, IDEM received for review an integrity assessment for the 9,000-gallon (D002) hazardous waste aboveground tank system dated May 7, 2003 from the Respondent. On May 22, 2003, IDEM determined the integrity assessment dated May 7, 2003 was inadequate. The integrity assessment indicates the secondary containment for the 9,000-gallon tank in the Tin Mill Area is not designed or operated to contain 100 percent of capacity of the tank. According to the integrity assessment, the tank is in continuous
operation and does not operate with automatic shut off valves or other apparatus to prevent overfilling.b. Pursuant to 40 CFR 262.34(a)(1)(ii) referencing 40 CFR 265.195, a generator must inspect tank systems once each operating day. Respondent did not adequately conduct the required inspections of the 9,000-gallon (D002) hazardous waste aboveground tank located in the Tin Mill Area.
c. Pursuant to 40 CFR 262.34(a)(1)(ii) referencing 40 CFR 265.193(c)(4), spilled or leaked waste and accumulated precipitation must be removed from the secondary containment system within 24 hours, or in as timely a manner as possible to prevent harm to human health and the environment. Respondent failed to remove (D002) hazardous waste from the 9,000-gallon aboveground tank's secondary containment system located in the Tin Mill Area within 24 hours or in as timely a manner as possible.
The (D002) hazardous waste in the 9,000-gallon hazardous waste aboveground tank secondary containment system was properly removed on March 27, 2003.
d. Pursuant to 40 CFR 262.34(a)(1)(ii) referencing 40 CFR 265.193(e)(2)(iv), secondary containment vault systems must be provided with an impermeable interior coating or lining that is compatible with the stored waste and that will prevent migration of waste into the concrete. Respondent did not provide the 9,000-gallon (D002) aboveground tank's containment system in the Tin Mill Area with adequate impermeable coating. The impermeable coating was deteriorated in locations where ancillary piping penetrated the coating.
e. Pursuant to 40 CFR 262.34(c)(1)(ii), a generator may accumulate as much as 55-gallons of hazardous waste at or near the point of generation without a permit and without complying with 40 CFR 262.34(a), provided that the containers are marked with either the words "Hazardous Waste" or with other words describing the contents. Respondent failed to mark four (4) 15-gallon containers of tar contaminated debris rags in the Coke Plant Lab and four (4) 5-gallon containers of waste paint solvent in the Carpenter Shop with the words "Hazardous Waste" or other words identifying their contents.
f. Pursuant to 40 CFR 262.34(a)(2), a generator may accumulate hazardous waste on-site for 90 days or less without a permit, provided that the date when the accumulation begins is clearly marked and visible for inspection on each container. Respondent failed to mark eight (8) 5-gallon containers of waste paint solvent in the Carpenter Shop's waste paint caged area with accumulation start dates.
g. 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 containers are marked with the words "Hazardous Waste." Respondent failed to label eight (8) 5-gallon containers of waste paint solvent in the Carpenter Shop's waste paint caged area with the words "Hazardous Waste."
h. Pursuant to 40 CFR 262.34(a)(4) referencing 40 CFR 265.31, 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. Respondent did not properly manage (D018) hazardous waste in the Coke Plant Primary Pump Area resulting in a release onto the ground.
A representative of IDEM observed the proper cleanup of the (D018) hazardous waste release in the Coke Plant Primary Pump Area on March 28, 2003.
i. Pursuant to IC 13-30-2-1(1), no person shall 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 in violation of 40 CFR 265.31. Respondent allowed the release of (D018) hazardous waste onto the ground in the Coke Plant Primary Pump House Area, thus violating IC 13-30-2-1(1).
A representative of IDEM observed the proper cleanup of the
(D018) hazardous waste release in the Coke Plant Primary Pump Area on March 28, 2003.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. Within thirty (30) days of the Effective Date of this Agreed Order, Respondent shall redesign the 9,000-gallon (D002) aboveground tank's secondary containment system to contain 100 percent of the volume of the tank or install automatic shut-off valves or other apparatus to prevent overfilling.
3. On May 8, 2003, Respondent submitted an integrity assessment dated May 7, 2003 to IDEM. The integrity assessment was reviewed by IDEM and determined to be inadequate. Within forty-five (45) days of the Effective Date of this Agreed Order, Respondent shall revise and resubmit to IDEM the integrity assessment to address the following deficiencies:
a. The integrity assessment shall be modified to reflect the design changes required under Order Condition #2.
b. Tank design drawings shall be included in the integrity assessment.
4. Upon the Effective Date of this Agreed Order, Respondent shall comply with 40 CFR 262.34(a)(1)(ii) referencing 40 CFR 265.195. Specifically, Respondent shall adequately inspect the 9,000-gallon (D002) hazardous waste aboveground tank located in the Tin Mill Area once each operating day.
5. Upon the Effective Date of this Agreed Order, Respondent shall comply with 40 CFR 262.34(a)(1)(ii) referencing 40 CFR 265.193(c)(4). Specifically, Respondent shall remove hazardous waste from the secondary containment system of all hazardous waste tanks within 24 hours or in as timely a manner as possible.
6. Within thirty (30) days of the Effective Date of this Agreed Order, Respondent shall comply with 40 CFR 262.34(a)(1)(ii) referencing 40 CFR 265.193(e)(2)(iv). Specifically, Respondent shall repair the impermeable coating of the 9,000-gallon (D002) aboveground tank's containment system in the Tin Mill Area. Respondent shall submit documentation showing the repair of the impermeable coating of the 9,000-gallon (D002) aboveground tank's containment system within forty-five (45) days of the Effective Date of this Agreed Order.
7. Upon the Effective Date of this Agreed Order, Respondent shall comply with 40 CFR 262.34(c)(1)(ii). Specifically, Respondent shall ensure hazardous waste satellite containers are either marked with the words "Hazardous Waste" or with other words describing the contents.
8. Upon the Effective Date of this Agreed Order, Respondent shall comply with 40 CFR 262.34(a)(2). Specifically, Respondent shall ensure hazardous waste containers in less than 90-day accumulation areas are labeled with accumulation start dates.
9. Upon the Effective Date of this Agreed Order, Respondent shall comply with 40 CFR 262.34(a)(3). Specifically, Respondent shall ensure hazardous waste containers in less than 90-day accumulation areas are labeled with the words "Hazardous Waste."
10. All submittals required by this Agreed Order, unless notified otherwise in writing, shall be sent to:
Lori Colpaert, Enforcement Case Manager
Office of Enforcement
Indiana Department of Environmental Management
100 N. Senate Avenue
P. O. Box 6015
Indianapolis, IN 46206-6015
11. Respondent is assessed a civil penalty of Nine Thousand Four Hundred Dollars ($9,400). Within thirty (30) days of the Effective Date of this Agreed Order, Respondent shall pay a portion of the penalty in the amount of One Thousand One Hundred Eight Hundred Eighty Dollars ($1,880). Said penalty amount shall be due and payable to the Environmental Management Special Fund. In lieu of payment of the remaining civil penalty, Respondent shall perform and complete a Supplemental Environmental Project ("SEP"). Respondent estimates that this SEP will cost Ninety-Four Thousand Two Hundred Seventy Dollars ($94,270). Within forty-five (45) days of completing this SEP, Respondent shall submit written notice and documentation to IDEM, which substantiates all actions taken and costs incurred with respect to the SEP. In the event that the cost of the SEP is less than Fifteen Thousand Forty Dollars ($15,040), Respondent shall pay fifty percent (50%) of the difference between the proposed cost of the SEP and the actual cost of the SEP.
12. As a Supplemental Environmental Project, Respondent shall remove and replace one transformer filled with 518 gallons of Polychlorinated Biphenyl (PCB) Askarel liquid located in Substation 55 in the No.5 Stand at the North Street Mill with a similar non-PCB silicon fluid transformer. Respondent shall complete the removal and replacement of the PCB transformer within one hundred eighty (180) days after the Effective Date of this Agreed Order. Implementation of this SEP will provide numerous environmental, safety, and public health benefits. As PCBs are extremely persistent when released into the environment, this SEP will decrease the risk of adversely affecting the human population of Northwest Indiana and surrounding flora and fauna.
13. In the event Respondent does not complete the SEP within one hundred eighty (180) days after the Effective Date of this Agreed Order, the full amount of the civil penalty as stated in paragraph 11 above, plus interest established by IC 24-4.6-1-101 on the remaining amount, less the portion of the civil penalty Respondent has already paid, will be due within fifteen (15) days from Respondent's receipt of IDEM's notice to pay. Interest, at the rate established by IC 24-4.6-1-101, shall be calculated on the amount due from the date which is thirty (30) days after the Effective Date of this Agreed Order until the full civil penalty is paid.
14. In the event the terms and conditions of the following paragraphs are violated, the Complainant may assess and the Respondent shall pay a stipulated penalty in the following amount:
Violation
PenaltyFailure to comply with Order paragraph #2 $500 per week
Failure to comply with Order paragraph #3 $500 per week
Failure to comply with Order paragraph #6 $500 per week
15. Stipulated penalties shall be due and payable within thirty (30) days after Respondent receives written notice that the Complainant has determined a stipulated penalty is due. Assessment and payment of stipulated penalties shall not preclude the Complainant from seeking any additional relief against the Respondent for violation of the Agreed Order. In lieu of any of the stipulated penalties given above, the Complainant may seek any other remedies or sanctions available by virtue of Respondent’s violation of this Agreed Order or Indiana law, including, but not limited to, civil penalties pursuant to IC 13-30-4.
16. Civil and stipulated 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:
Cashier
IDEM
100 N. Senate Avenue
P. O. Box 7060
Indianapolis, IN 46207-7060
17. In the event that the civil penalty required by Order paragraph 11 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.
18. 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.
19. 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.
20. 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.
21. This Agreed Order shall remain in effect until IDEM issues a Resolution of Case letter to Respondent.
TECHNICAL RECOMMENDATION: RESPONDENT:
Department of Environmental Management
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 _______________, 2003.
For the Commissioner:
Adopted December 12, 2003
___________________________
Felicia A. Robinson
Deputy Commissioner for
Legal Affairs