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STATE
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BEFORE THE INDIANA
DEPARTMENT |
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COMMISSIONER OF THE
DEPARTMENT Complainant, v. ARCELORMITTAL
USA, Inc. ( Respondent. |
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AGREED ORDER
Complainant and
Respondents 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. Respondents’ entry into this Agreed Order
shall not constitute a waiver of any defense, legal or equitable, which
Respondents 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.
Respondents
are ArcelorMittal USA, Inc.[Indiana Harbor East (“IH East”) and Indiana Harbor
Bar Products Company (“IH Bar”)] (“collectively, Respondents”), which own
and/or operate the facility with EPA ID number IND005159199 located at 3210
Watling Street, in East Chicago, 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:
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Mr.
Michael Rippey, President |
CT
Corporation System, Registered Agent for |
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ArcelorMittal
USA Inc. |
ArcelorMittal
USA Inc. |
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One
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5.
Respondents
notified EPA of Large Quantity Generator activities on February 29, 2008.
6.
Respondents
produce flat rolled steel and long bar products, respectively.
7.
329
IAC 3.1 incorporates certain federal hazardous waste management requirements
found in 40 CFR Parts 260 through 270 and Part 273, including those identified
below.
8.
During
an investigation conducted on June 5, 2007, by a representative of IDEM, the
following violations were found:
a. 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 that containers are labeled or
marked clearly with the words "Hazardous Waste." Respondent IH Bar accumulated hazardous waste
on-site, without a permit, and did not label or clearly mark three – 1 cubic
yard containers, outside of the EAF Baghouse unit, with the words
"Hazardous Waste."
b. Pursuant
to 40 CFR 262.34(a)(1)(i) and referencing 40 CFR 265.173(a), a container
holding hazardous waste must always be closed during storage, unless necessary
to add or remove waste. Respondent IH
Bar did not store three – 1 cubic yard containers, outside of the EAF Baghouse
unit, closed, and Respondent IH East did not store three – 20 cubic yard
roll-off containers, by the Sinter Plant Baghouse, closed.
c. 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 IH Bar accumulated hazardous waste
on-site, without a permit, and did not mark three – 1 cubic yard containers,
outside of the EAF Baghouse unit, with accumulation start dates.
d. 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 or hazardous waste constituents
to the air, soil, or surface water, which could threaten human health or the
environment. Respondents failed to
properly manage three areas to minimize a release to the environment. Specifically, one – 20 cubic yard roll-off
container located at the Sinter Plant baghouse system was leaking and there was
released material around the Sinter Plant baghouse dust collection roll-off
container, Cadre Baghouse dust collection system (IH East) and EAF Shop Bag
House Unit (IH Bar).
Respondents properly managed the
three released areas at the time of the inspection.
e. Pursuant
to 329 IAC 13-4-3(d), generators must label all used oil containers and
aboveground tanks with the words “Used Oil.”
Respondent IH East did not label 16 – 55 gallon containers the words
“Used Oil.”
Respondent IH East correctly labeled
the 16 – 55 gallon containers at the time of the inspection.
f. Pursuant
to IC 13-30-2-1(1), 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 in violation of
329 IAC 10-4-2 and 40 CFR 265.31.
Respondent IH East caused and/or allowed oily waste to accumulate on the
ground around the 80’’ Hot Strip Clarifiers and caused and/or allowed waste
material to accumulate on the ground around a 20 cubic yard roll-off container
located at the Sinter Plant baghouse system, the Sinter Plant baghouse dust
collection roll-off container and Cadre Baghouse dust collection system. Respondent IH Bar caused and/or allowed waste
material to accumulate on the ground around the EAF Shop Bag House Unit.
g. Pursuant
to 329 IAC 10-4-2, no person shall cause or allow the storage, containment,
processing, or disposal of solid waste in a manner which creates a threat to
human health or the environment, including the creating of a fire hazard,
vector attraction, air or water pollution, or other contamination. Respondents caused and/or allowed oily waste
and baghouse dust collection waste to be contained at the Site in a manner
which creates a threat to human health or the environment.
h. Pursuant
to 327 IAC 2-6.1-7, any person who operates, controls, or maintains any mode of
transportation or facility from which a spill occurs shall, upon discovery of a
reportable spill to the soil or surface waters of the state, do the following:
A. contain
the spill, if possible, to prevent additional spilled material from entering
the waters of the state.
B. undertake
or cause others to undertake activities needed to accomplish a spill response.
C. as
soon as possible, but within two hours of discovery, communicate a spill report
to the Department of Environmental Management, Office of Environmental Response
at 1-888-233-7745.
D. submit
to the Department of Environmental Management a written copy of the spill
report, if requested in writing by the department.
E. except
from modes of transportation other than pipelines, exercise due diligence and
document attempts to notify the following:
i. for
spills to surface water that cause damage, the nearest affected downstream
water user located within ten miles of the spill and in the state of
ii. for
spills to soil outside the facility boundary, the affected property owner or
owners, operator or operators, or occupant or occupants.
Respondents’ failure to contain and
report the released material to IDEM in a timely manner was in violation of 327
IAC 2-6.1-7.
9.
During
an investigation conducted on April 29, 2008, by a representative of IDEM, the
following violations were found:
a. Pursuant
to 40 CFR 262.34(a)(4) referencing 40 CFR 265.16(a), (b), & (c), facility
personnel must complete a program of classroom instruction or on-the-job
training that teaches them to perform their duties in compliance with the
hazardous waste management rules.
Employees must be trained within six months after their date of hire and
must take part in an annual review of the initial training. Respondent IH East did not provide employees
with annual hazardous waste training.
Applicable personnel were provided with annual site-specific hazardous waste
training on August 28, 2008.
b. Pursuant
to 40 CFR 262.34(a)(4) referencing 40 CFR 265.16(d)(1-4), certain hazardous
waste training related documents and records must be maintained on-site. Respondent IH East did not maintain all of
the required hazardous waste training related documents and records
on-site. Specifically, job titles and
descriptions, type and amount of required training and completion documents
were not maintained at the Site.
As of August 28, 2008, all of the required hazardous waste training documents
and records are being maintained on-site.
c. Pursuant
to 329 IAC 13-4-3(d), generators must label all used oil containers and aboveground
tanks with the words “Used Oil.”
Respondent IH East did not label one 275-gallon tote (located in the 80”
Hot Strip Drum Storage Area) with the words “Used Oil.”
d. Pursuant
to IC 13-30-2-1(1), 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 in violation of
329 IAC 10-4-2 and 40 CFR 265.31.
Respondent IH East caused and/or allowed waste material to accumulate on
the ground around the 80” Hot Strip Clarifiers, 80” Hot Strip Drum Storage Area
and No. 3 Cold Strip Drum Storage Area.
e. Pursuant
to 329 IAC 10-4-2, no person shall cause or allow the storage, containment,
processing, or disposal of solid waste in a manner which creates a threat to
human health or the environment, including the creating of a fire hazard,
vector attraction, air or water pollution, or other contamination. Respondent IH East caused and/or allowed oily
waste and baghouse dust collection waste to be contained at the Site in a
manner which creates a threat to human health or the environment.
f. Pursuant
to 327 IAC 2-6.1-7, any person who operates, controls, or maintains any mode of
transportation or facility from which a spill occurs shall, upon discovery of a
reportable spill to the soil or surface waters of the state, do the following:
A. contain
the spill, if possible, to prevent additional spilled material from entering
the waters of the state.
B. undertake
or cause others to undertake activities needed to accomplish a spill response.
C. as
soon as possible, but within two hours of discovery, communicate a spill report
to the Department of Environmental Management, Office of Environmental Response
at 1-888-233-7745.
D. submit
to the Department of Environmental Management a written copy of the spill
report, if requested in writing by the department.
E. except
from modes of transportation other than pipelines, exercise due diligence and
document attempts to notify the following:
i. for
spills to surface water that cause damage, the nearest affected downstream
water user located within ten miles of the spill and in the state of
ii. for
spills to soil outside the facility boundary, the affected property owner or
owners, operator or operators, or occupant or occupants.
Respondent IH East’s failure to
contain and report the spill of oily waste to IDEM in a timely manner was in
violation of 327 IAC 2-6.1-7.
10. In
recognition of the settlement reached, Respondents waive any right to
administrative and judicial review of this Agreed Order.
II. ORDER
1.
This
Agreed Order shall be effective (“Effective Date”) three (3) business days
after the date this Agreed Order is signed by the Commissioner or the
Commissioner’s delegate. This Agreed
Order shall have no force or effect until the Effective Date.
2.
Respondents
shall comply with all rules cited above at issue.
3.
Upon
the Effective Date of this Agreed Order, Respondent IH Bar shall ensure
compliance with 40 CFR 262.34(a)(3).
Specifically, that each hazardous waste container is labeled or marked
clearly with the words "Hazardous Waste."
4.
Upon
the Effective Date of this Agreed Order, Respondents shall ensure compliance
with 40 CFR 265.173(a). Specifically,
Respondent shall ensure that each container holding hazardous waste is kept
closed during storage, unless necessary to add or remove waste.
5.
Upon
the Effective Date of this Agreed Order, Respondent IH Bar shall ensure
compliance with 40 CFR 262.34(a)(2).
Specifically, that the date when the accumulation begins is clearly
marked and visible for inspection on each hazardous waste container.
6.
Upon
the Effective Date of this Agreed Order, Respondent IH East shall comply with
329 IAC 13-4-3(d). Specifically,
Respondent shall label all used oil containers and aboveground tanks with the
words “Used Oil.”
7. Within
sixty (60) days of the Effective Date of this Agreed Order, Respondents shall
provide documentation to IDEM detailing the steps to be taken at the facility
to ensure compliance with 327 IAC 2-6.1-7 upon discovery of a reportable spill
to the soil or surface waters of the state.
8. Within
sixty (60) days of the Effective Date of this Agreed Order, Respondent IH East
shall remove all oily waste not contained on impervious pavement or concrete
around the 80” Hot Strip Clarifiers, 80” Hot Strip Drum Storage Area and No. 3
Cold Strip Drum Storage Area. Wastes
shall be mechanically removed by scraping, sweeping, or other method, to remove
all visual contamination.
Within sixty (60) days of the Effective Date of this Agreed Order, Respondent
IH East will clean up impervious areas visually impacted at the Sinter Plant
baghouse dust roll-off container and Cadre baghouse dust collection system
through mechanical means. Respondent IH
Bar will clean-up impervious areas visually impacted at the EAF Shop Bag House
Unit through mechanical means.
The need for further clean-up of the above areas will be evaluated as part of
the existing RCRA Corrective Action process.
9. Within
one hundred eighty (180) days of the Effective Date of this Agreed Order,
Respondents shall submit to IDEM documentation that releases in the above areas
specified in paragraph 8 have been cleaned up.
10.
All
submittals required by this Agreed Order, unless Respondents are notified
otherwise in writing by IDEM, shall be sent to:
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Linda
McClure, Enforcement Case Manager |
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Office
of Enforcement – Mail Code 60-02 |
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Indiana
Department of Environmental Management |
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11.
Respondents
are assessed a civil penalty of Seventeen Thousand and Six Hundred Dollars
($17,600). Said assessed civil penalty
will be paid as follows: Respondent IH East is assessed a civil penalty of
Thirteen Thousand Two Hundred Dollars ($13,200) and Respondent IH Bar is
assessed a civil penalty of Four Thousand Four Hundred Dollars ($4,400). Said penalty amounts shall each be due and
payable to the Environmental Management Special Fund within forty-five (45)
days of the Effective Date. In the event
that the civil penalty is not paid within forty-five (45) days of the Effective
Date, the applicable 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.
12.
In
the event the terms and conditions of the following paragraphs are violated,
Complainant may assess and the applicable Respondent shall pay a stipulated
penalty in the following amount:
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Paragraph |
Activity |
Penalty |
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7 |
Spill Reporting |
$250 per week |
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8 |
Release clean-up |
$500 per week |
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9 |
Release clean-up documentation
submitted |
$500 per week |
13.
Stipulated
penalties shall be due and payable within thirty (30) days after the applicable
Respondent receives written notice that Complainant has determined a stipulated
penalty is due. Assessment and payment
of stipulated penalties shall not preclude Complainant from seeking any
additional relief against the applicable Respondent for violation of this Agreed
Order. In lieu of any of the stipulated
penalties set out above, Complainant may seek any other remedies or sanctions
available by virtue of the applicable Respondent’s violation of this Agreed
Order or Indiana law, including, but not limited to, civil penalties pursuant
to IC 13-30-4.
14.
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:
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Indiana
Department of Environmental Management |
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Cashier
– Mail Code 50-10C |
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15.
This
Agreed Order shall apply to and be binding upon Respondents and their
successors and assigns. Respondents’
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 Respondents shall in any way alter their status or
responsibilities under this Agreed Order.
16.
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.
17.
Respondents
shall provide a copy of this Agreed Order, if in force, to any subsequent
owners or successors before ownership rights are transferred. Respondents shall ensure that all
contractors, firms and other persons performing work under this Agreed Order
comply with the terms of this Agreed Order.
18.
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 Respondents pursuant to this Agreed Order,
shall not in any way relieve Respondents of their obligation to comply with the
requirements of their applicable permits or any applicable Federal or State law
or regulation.
19.
Complainant does not, by its approval of this Agreed Order,
warrant or aver in any manner that Respondents’ 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 Respondents may
incur as a result of Respondents’ efforts to comply with this Agreed Order.
20.
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.
21.
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 Respondents may incur as a result of
such communications with the EPA or any other agency or entity.
22. This
Agreed Order shall remain in effect until IDEM issues a Resolution of Case
letter to Respondents.
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IH East |
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COUNSEL
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COUNSEL
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For
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By: |
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By: |
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Deputy
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APPROVED
AND ADOPTED BY THE INDIANA DEPARTMENT OF ENVIRONMENTAL |
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MANAGEMENT THIS |
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For
the Commissioner: |
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Signed
on November 21, 2008 |
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Robert
B. Keene |
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Assistant
Commissioner |
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Office
of Legal Counsel and Enforcement |
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