STATE OF |
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BEFORE THE INDIANA
DEPARTMENT |
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COMMISSIONER OF THE
DEPARTMENT Complainant, v. UNITED STATES STEEL
CORPORATION, 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
2.
Respondent is
United States Steel Corporation (“Respondent”), which owns and operates the
integrated steel mill with Plant I.D. No. 089-00121, located at 1 North
Broadway in Gary, Lake County, Indiana (“Site”).
3.
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 (“NOV”) via Certified Mail to:
Mr. J. P. Surma, President |
National Registered Agents, Inc. |
United States Steel Corporation |
Registered Agent for |
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United States Steel Corporation |
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5.
During an
investigation conducted by a representative of IDEM, the following violations
were found:
Pursuant
to 326 IAC 10-4-4(c)(1), Respondent shall hold nitrogen oxides (NOx) allowances
available for compliance deductions under 326 IAC 10-4-10(j) in unit compliance
accounts and Respondent’s overdraft account in an amount not less than the
total NOx emissions for the ozone control period from the unit as determined in
accordance with 40 CFR 75 and 326 IAC 10-4-12.
Respondent
failed to hold adequate NOx allowances in the budget for the 2006 ozone control
period to account for the NOx emissions during that period. Allowance deduction reports indicate that the
unit compliance accounts for Boilers 701B1, 701B2, 701B5 and 701B6 did not
contain the necessary allowances for compliance. Respondents actual NOx emissions exceeded the
balances in the unit compliance accounts and overdraft account by a total of 48
tons, in violation of 326 IAC 10-4-4(c)(1).
6.
In December
2006, Respondent corrected the accounting imbalance in the allowance accounts
pursuant to 326 IAC 10-4-10(k) using its own allocations for Gary Works
(2006-2007 vintage) and forfeiting three allowances for each single allowance
imbalance.
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 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.
All submittals
required by this Agreed Order, unless Respondent is notified otherwise in
writing by IDEM, shall be sent to:
Janusz
Johnson, Section Chief |
Compliance
and Enforcement Branch – Mail Code 61-53 |
Indiana
Department of Environmental Management |
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3.
Respondent is
assessed a civil penalty of Thirty Five Thousand dollars ($35,000). Said penalty amount shall be due and payable
to the Environmental Management Special Fund within thirty (30) days of the
Effective Date. In the event that the
civil penalty is not paid within thirty (30) days of the Effective Date,
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.
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:
Indiana
Department of Environmental Management |
Cashier
– Mail Code 50-10C |
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5.
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.
6.
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.
7.
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.
8.
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 permit or any applicable Federal
or State law or regulation.
9.
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.
10.
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 NOV.
11.
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.
12.
This Agreed
Order shall remain in effect until Respondent complies with the terms of Order
Paragraph No. 5, above. IDEM will issue
a Resolution of Case letter to Respondent thereafter.
TECHNICAL RECOMMENDATION: |
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RESPONDENT: |
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Department of Environmental Management |
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United States Steel Corporation |
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By: |
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Janusz Johnson, Chief |
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Printed: |
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Compliance and Enforcement Section 1 |
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Title: |
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Office of Air Quality |
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COUNSEL FOR COMPLAINANT: |
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COUNSEL FOR RESPONDENT: |
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For the Department of Environmental Management |
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By: |
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By: |
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Deputy Attorney General |
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Date: |
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Date: |
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APPROVED AND ADOPTED BY THE INDIANA DEPARTMENT OF
ENVIRONMENTAL |
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MANAGEMENT THIS |
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, 2010. |
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COMMISSIONER: |
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Signed on April 5, 2010 |
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Thomas W. Easterly |
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Indiana Department of Environmental Management |
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