STATE OF INDIANA

COUNTY OF MARION

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SS:

BEFORE THE INDIANA DEPARTMENT
OF ENVIRONMENTAL MANAGEMENT

 

COMMISSIONER OF THE DEPARTMENT
OF ENVIRONMENTAL MANAGEMENT,

Complainant,

v.

STEEL DYNAMICS, INC.,

Respondent.

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Case No. 2004-13993-A

 

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.

 

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 owns and operates the stationary steel mill, Plant ID. No. 063-00037, located at 800 North County Road 225 East, in Pittsboro, Hendricks 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 May 19, 2005, IDEM issued a Notice of Violation via Certified Mail to:

 

Keith E. Busse, President and Registered Agent

Steel Dynamics, Inc.

6714 Pointe Inverness Way, Suite 200

Ft. Wayne, IN  46804

 

 

 

 

 

 

5.                  Inspections were conducted on April 7 and June 8, 2004 by a representative of IDEM’s Office of Air Quality (“OAQ”).  The following violations were in existence or observed at the time of these inspections:

 

a.                  Pursuant to 326 IAC 6-4-2(4), no source shall allow fugitive dust to visibly cross the boundary or property line of a source.

 

On April 7, 2004, a representative of IDEM’s OAQ conducted an inspection at this source.  At the time of the inspection, the inspector observed fugitive emissions, generated by vehicle traffic, cross the property line at ground level, a violation of 326 IAC 6-4-2(4).

 

b.                  Pursuant to Significant Source Modification (SSM) No. 063-16628-00037, operation condition No. D.1.1(1), fugitive emissions generated at each electric arc furnace (“EAF”) shall not exceed three percent (3%) opacity when emitted from any roof monitor or building opening, based on a six (6) minute average as determined in 326 IAC 5-1-4.

 

A representative of IDEM’s OAQ conducted an inspection at the site on June 8, 2004.  During this inspection the inspector observed visible emissions emanating from the EAF and exiting through the roof monitor above the ladle metallurgical station (“LMS”).  The inspector conducted visible emission evaluations (EPA test Method 9) of these emissions and determined that during one six (6) minute averaging period the opacity of these emissions exceeded the three percent (3%) limit, a violation of SSM No. 063-16628-00037, operation condition No. D.1.1(1).

 

c.                  Pursuant to Significant Source Modification (SSM) No. 063-16628-00037, operation condition No. D.1.3(c), visible emissions from the Meltshop operations shall not exceed six percent (6%) opacity, based on a six (6) minute average.  This provision of the permit incorporates the requirements of 40 CFR 60.272a(a)(3) which limits emissions exiting a shop, due solely to the operations of any affected EAF or AOD vessel, to six percent (6%) opacity.

 

A representative of IDEM’s OAQ conducted an inspection at the site on June 8, 2004.  During this inspection the inspector observed visible emissions emanating from the EAF and exiting through the roof monitor above the LMS.  The inspector conducted visible emission evaluations (EPA test Method 9) of these emissions and determined that during one six (6) minute averaging period the opacity of these emissions exceeded the six percent (6%) limit, a violation of SSM No. 063-16628-00037, operation condition No. D.1.3(c) and 40 CFR 60.272a(a)(3).

 

d.                  Pursuant to SSM No. 063-16628-00037, operation condition No. D.9.1(b), visible emissions from unpaved roadways shall not exceed ten percent (10%) opacity.

 

A representative of IDEM’s OAQ conducted an inspection at the site on June 8, 2004.  During this inspection the inspector observed visible emissions emanating from vehicle traffic on unpaved roads.  The inspector conducted visible emission evaluations, as prescribed by operation condition D.9.4 of this SSM, of these emissions and determined that the opacity of these emissions was in excess of the ten percent (10%) limit, a violation of SSM No. 063-16628-00037, operation condition No. D.9.1(b).

 

6.                  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 his delegate, and has been received by the Respondent.  This Agreed Order shall have no force or effect until the Effective Date.

 

2.                  Respondent shall comply with all terms and conditions of SSM No. 063-16628-00037.

 

3.                  Respondent is assessed a civil penalty of Eight Thousand One Hundred Dollars ($8,100).  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.

 

4.                  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:

 

Cashier – Mail Code 50-10C

Indiana Department of Environmental Management

100 N. Senate Avenue

Indianapolis, IN  46204-2251

 

5.                  In the event that the civil penalty required by Order paragraph 3 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.

 

6.                  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.

 

7.                  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.

 

8.                  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.

 

9.                  This Agreed Order shall remain in effect until Respondent complies with the terms of Order paragraph No. 3.

 

 

REMAINDER OF PAGE LEFT BLANK INTENTIONALLY

 

 

TECHNICAL RECOMMENDATION:

 

RESPONDENT:

Department of Environmental Management

 

Steel Dynamics, Inc.

 

By:

 

 

By:

 

 

David P. McIver

 

Printed:

 

 

Chief, Air Section

 

Title:

 

 

Office of Enforcement

 

 

 

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

 

, 200

 

.

 

 

For The Commissioner:

 

 

 

Signed on May 12, 2006

 

Matthew T. Klein

 

Assistant Commissioner for

 

Compliance and Enforcement